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Insurance companies pay settlements over claims investigations

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BY NANCY HICKS / Lincoln Journal Star

Saturday, Nov 29, 2008 - 12:46:00 am CST

Two insurance companies have settled with the Nebraska Department of Insurance after the agency investigated consumer complaints.

Conseco Health Insurance Co. agreed in October to pay a $25,000 fine and cooperate with the department on future complaints.  

Washington National Insurance Co. paid a $5,000 fine under a consent agreement with the state.   

Both companies are part of the Conseco umbrella, said insurance department attorney Joel Green.

Conseco Health’s fine is the biggest paid by Conseco in Nebraska and is among the larger fines ever paid by an insurance company to the state.

Two other Conseco-related companies that do business in Nebraska were part of a multi-state settlement announced in the spring. 

Insurance department investigators had determined Conseco Health allegedly failed to explain the denial of claims, overlooked claims and had delays in processing claims far greater than allowed by law, based on investigation of complaints.

The department investigated  Washington National for failing to promptly pay medical and long-term care claims in 2007.

Miscommunication and  confusion between the company’s long-term care claims department and Medicare supplement claims department resulted in claims not being investigated properly or in a timely manner, to the consent order said.

The state agency and the company are working together to  eliminate future problems, said Green.

“This is a reputable company and has a lot of policyholders in our state,” he said.

A Conseco official said the company meets Nebraska performance standards and regulations. 

Since the problems in 2007 outlined in the consent order, the company has “implemented many measures to prevent claims issues, including 100 percent auditing of all denied or rejected Nebraska claims to ensure accuracy,” said Jim Rosensteele, a Conseco spokesman. 

Two Conseco companies —Conseco Senior Health Insurance and Bankers Life and Casualty — also paid Nebraska $23,857 as part of a $2.3 million multi-state national settlement this spring. 

The settlement agreement was reached after regulators found a  pattern of consumer harm in the company’s long-term care insurance business. 

“It is vital that long-term care insurers make prompt and appropriate payment of claims to consumers who are older and whose life and well-being are dependent upon it. Conseco failed this test,” according to a Pennsylvania insurance department executive.

Claim payment delays are the  ongoing theme among all the settlements, both state and national, Green said. 

But the settlements don’t necessarily represent a problem with all Conseco-related companies, he said. 

It’s likely a coincidence that the state and local settlements were completed about the same time, he said. 

Conseco-related companies have about 0.65 percent of the life insurance market in Nebraska with  $5.9 million in premiums, 0.30 percent of the annuity market with $6.8 million in premiums and 1.75 percent of the health insurance market with $40.2 million in premiums, according to Bruce Ramge, with the Department of Insurance.

Reach Nancy Hicks at 473-7250 or nhicks@journalstar.com.


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RJ wrote on November 29, 2008 6:03 am:
" About time. Insurance companies are getting away with to much, now start
looking into the raising our premiums so high. BC/BS is bad about that, of course the high health cost is used as an excuse, then we now have the
high cost that Humana dropped on our drug plans this year due to the HIGH rise in health care,they said.Baloney, more like election year rip off. I don't think our state looks into those cost like they should & lay the law down when it comes to the elderly. "

think wrote on November 29, 2008 8:36 am:
" $25,000.00 is just a drop of a drop in a bucket for these guys why bother to waste the courts time. A fine should sting a little and cause contemplation of the offending act. Why not make them go back over the claims and pay a few? Why not prohibit their ability to sell new policy in Nebraska for a period of time? Why no DO something that hits them where they live instead of act like this paltry amount will change practices. "

Humm wrote on November 29, 2008 4:06 pm:
" Poor Conseco, they've been thru the mill. What insurance isn't high these
days, and, its gonna get higher beside health, property and casualty and
the whole ball of wax. Insurance companies have had a bad time this year. Buffett may change his mind about how pretty the "float" is.
Insurance is like farming, good years and bad years!! Then there's the
AIG millionairs and the rest getting their $3 plus million salaries.
Didn't use to be that way, back when! "

Investigate this wrote on November 29, 2008 9:25 pm:
" About a year ago some 16-year-old driver who wasn't watching where he was going hit my car and his insurance company sent me a letter saying it was not "legally liable" to pay my claim. Sued the kid in small claims court and the high-profile law firm hired by the insurance company to defend him quickly paid me in full. First, I think I should have gotten more of an explanation from the insurance company than "not legally liable," and second, how many other driver/victims are getting the same baloney treatment from insurance companies? "