Does my mother have a case against the insurance company?

My mother had cancer a year ago and the doctors insisted that she have her ovaries removed. The insurance company refused to pay for the procedure because they said they rather try other treatments first. The “other treatments,” which I’m not sure what they were or if there even were any, failed. A few days ago she had to have a hysterectomy due to cysts that had formed and ruptured in her ovaries. When the biopsy came back the test results were positive for cancer. We have yet to find out if the hysterectomy took care of the cancer, or if we will now be battling the remnants of ovarian cancer

Asked on August 18, 2012 under Insurance Law, Missouri


Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

She may have a claim for what is called "bad faith" against the insurance company for refusing to pay for the removal of the ovaries.  She would need to find a bad faith insurance lawyer as soon as possible to be sure not to allow the statute of limitations to pass.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.