In a 5-0 decision issued on December 14, 2017, the New York State Appellate Division, Third Department, re-instated claims against GEICO Insurance Company for deceptive business practices related to its use of so-called “independent” medical doctors.
The precedent setting case of Brown v. Government Employees Insurance Company (available at http://decisions.courts.state.ny.us/ad3/Decisions/2017/524696.pdf ) now makes clear that insurance companies cannot simply deny claims based upon biased medical reports. The case alleges that GEICO’s “independent” medical examiners have a strong financial motive to systematically issue reports that deny benefits whenever an argument can be made that the injuries are pre-existing or degenerative in nature. It is further alleged that GEICO hires only experts who will go along with its scheme to defraud applicants out of benefits. It is alleged that the “independent” experts have a financial incentive to give GEICO what it wants: medical opinions that support denial of benefits.
Ryan M. Finn, a Partner with E. Stewart Jones Hacker Murphy, LLP (https://joneshacker.com/), represents Brown in the action, and stated as follows “this Decision should be a wake-up call for the insurance industry. Attorneys representing injured victims have been referring to these exams as defense medical exams for a long time and for good reason: there is nothing independent about the process and many of these doctors make millions of dollars issuing reports to deny lost wages and medical expenses to injured victims who most need the help.” For more information please contact Ryan Finn, Esq. at firstname.lastname@example.org or 518-274-5820.