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LeRette v. American Medical Security, Inc.

Neb.October 28, 2005No. S-04-724Cited 49 times
Mixed ResultAmerican Medical Security, Inc.$25,000 awarded
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Case Details

Judge(s)
Hendry, Wright, Connolly, Gerrard, Stephan, McCormack, Miller-Lerman
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Breach of Contract

Outcome

The jury found for the insured (LeRettes) on a bad faith claim awarding $25,000, but the appellate court reversed and remanded with directions to dismiss the bad faith claim, finding insufficient evidence of bad faith where the insurer relied on physician opinions and ultimately paid the disputed benefits.

Excerpt

1. Directed Verdict: Appeal and Error. In reviewing a trial court's ruling on a motion for directed verdict, an appellate court must treat the motion as an admission of the truth of all competent evidence submitted on behalf of the party against whom the motion is directed; such being the case, the party against whom the motion is directed is entitled to have every controverted fact resolved in its favor and to have the benefit of every inference which can reasonably be deduced from the evidence. 2. Directed Verdict: Evidence. A directed verdict is proper at the close of all the evidence only when reasonable minds cannot differ and can draw but one conclusion from the evidence, that is to say, when an issue should be decided as a matter of law. 3. Judgments: Verdicts. On a motion for judgment notwithstanding the verdict, the moving party is deemed to have admitted as true all the relevant evidence admitted which is favorable to the party against whom the motion is directed, and, further, the party against whom the motion is directed is entitled to the benefit of all proper inferences deducible from the relevant evidence.Page 546 4. ___: ___. To sustain a motion for judgment notwithstanding the verdict, the court resolves the controversy as a matter of law and may do so only when the facts are such that reasonable minds can draw but one conclusion. 5. Insurance: Contracts: Claims: Proof. In order to establish a claim for bad faith, a plaintiff must show an absence of a reasonable basis for denying the benefits of the insurance policy and the insurer's knowledge or reckless disregard of the lack of a reasonable basis for denying the claim. 6. Actions: Insurance: Claims. Even if an insurance company ultimately grants a claim relating to the insured's benefits, a viable cause of action for bad faith can be based on initial denials. 7. Actions: Torts: Ins

What This Ruling Means

**What happened:** The LeRettes had an insurance dispute with American Medical Security, Inc. over medical benefits that the insurance company initially refused to pay. The LeRettes sued the company, claiming it broke their contract and acted in bad faith by wrongfully denying their claims. **What the court decided:** This case had a mixed outcome that changed over time. Initially, a jury sided with the LeRettes and awarded them $25,000, finding that the insurance company had acted in bad faith. However, the insurance company appealed this decision. The higher court reversed the jury's verdict and threw out the bad faith claim entirely. The appeals court ruled there wasn't enough evidence to prove bad faith because the insurance company had relied on doctors' medical opinions when making their decision and eventually did pay the disputed benefits. **Why this matters for workers:** This case shows how challenging it can be to prove that an insurance company acted in "bad faith" when denying claims. Even when a jury initially finds in favor of the insured person, higher courts may overturn those decisions if they believe the evidence isn't strong enough. Workers should understand that insurance companies can defend their claim denials by showing they relied on professional medical opinions, even if they later reverse their decision and pay the benefits.

This summary was generated to explain the ruling in plain English and is not legal advice.

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