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insurance when medical reason

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djohnson

Senior Member
What is the name of your state? Tennessee

I also posted this under accidents, but haven't gotten a response so hoping you could help here. Thanks in advance.

What is the name of your state? Tennessee

My father in law, a 60 year old man had congestive heart failure. He had an appointment for setting up a date for valve replacement surgery. Before that could happen, he blacked out while driving and hit the side of a building due to the heart. They went ahead and done the valve replacement surgery within days of the accident.

The damage was minimal to the building, and he had insurance. The stores estimate turned in was less than the amount he had so it didn't seem like it would be a problem. However, then my father in law passed away with complications of the valve replacement. The store now will not take the check for the amount originally agreed upon and has 'found' other damage (we do have have several employees to testify it is made up) and wants to file a claim against the estate. The insurance company says not to worry about it that there is a law that says he can't get anymore than the insurance because the accident was medically related but he can't tell what the law is and I can't find it. Is is real? What does it state? What can the store owner actually do? If that is true, can we keep him from tying things up longer?
 


shortbus

Member
If the store had previously agreed to accept a specific dollar amount to settle their claim, that's a binding contract. Think of it like any other contract: they're performing a service (waiving their claim) which you're paying for. They probably have no legal right to demand more money, but you may need to retain an attorney to make sure this point is made.
 

djohnson

Senior Member
They haven't actually agreed to accept an amount of money. They turned in estimates which was less then when the insurance company went to pay, the didn't accept because they said they now want more and have came up with different receipts. The insurance company has a lawyer which will represent and they stated there was a law that said because the accident was due to a medical reason that the store owner couldn't sue for more, but no one can tell me where to find that law. I can't find it and would like to read it to put my mind at rest. We have an attorney for the estate but I didn't want to run his fee up any higher.
 

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