About Inverse Condemnation

What is Inverse Condemnation?

His your insurance company claimed that you actually never had an insurance policy because you did not fill out your insurance application correctly?

Once an insured makes a claim for health, life or disability benefits, insurance companies often engage in a practice known as “post-claims underwriting.” During this process, the carriers will try to rescind your insurance policy by finding “material misrepresentations” on your insurance application. In other words, the insurance company will claim that you never had an insurance policy because you did not fill out your insurance application correctly. In a case litigated by Heather and featured in the Michael Moore film, “Sicko,” Tarsha Harris had this exact process happen to her. Ms. Harris’ policy was rescinded, because she failed to disclose a yeast infection on her insurance application, after she made a claim for the medical expenses she incurred while having emergency surgery. After litigating her dispute, we were able to favorably resolve her claim. Rescinding a claim is particularly harmful to an insured because the insured has already suffered the loss and is only now finding out that they may not have insurance. Thus, we understand the importance of handling these claims in a concerned and swift manner.