Class Claims MetLife Cheats By Assuming Kids Will Smoke
Recent Cases
Metropolitan Life Insurance defrauds customers by illicitly and secretively applying smokers' rates to children who don't smoke, claiming that by the time they are adults the kids will be smokers, a class action claims in Middlesex County Court.
Plaintiffs claim MetLife conceals this deceitful policy, which violates underwriting guidelines.
They claim MetLife's "'juvenile standard' or 'standard' rate and/or risk class is a blend of smoking and nonsmoking mortality experience. MetLife never disclosed this information to policyholders, defendant's own sales agents, or persons other than those MetLife actuaries and home office personnel involved in pricing MetLife's insurance policies."
Represented by Bruce Greenberg with Lite DePalma Greenberg & Rivas, plaintiffs demand treble damages for consumer fraud.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.