Monthly Archives: March 2022

In November 2011, we posted about a new filing against Pan American Life Insurance Company. The suit was filed on behalf of a policyholder who had been denied medical treatment for skin cancer. The medical evidence and the opinions of her doctors supported the claims, yet her insurer wrongfully denied care and treatment.

There have been updates to this case. Tragically, our client passed away in January from cancer. The wrongful denials by Pan American Life Insurance, and resulting lack of medical treatment, ultimately led to her death.

The case has recently been re-filed in Houston after a dismissal in New Orleans due to a venue argument. The policy was purchased by a couple living in Honduras but the parent company is based in New Orleans. All medical treatment and procedures were to be performed in Harris County causing jurisdiction to fall under Texas law.

In the original filing, the plaintiffs were attempting to reverse the wrongful denial in order to pursue medical treatment. In the subsequent filing in Harris County, the damages have shifted as the plaintiff has died as a result of the insurance company’s misconduct.

To add to the issues, and compounding the effect of the insurance company’s misconduct, health care providers whose services were sought by the plaintiff under the pretext Pan American Life Insurance would pay the cost, enlisted the services of Specialized Collections to begin harassing the plaintiffs for the debts owed. A grieving family is now faced with financial ruin, in addition to the tragic loss of a loved one. All of this could have been avoided had Pan American Life simply honored its responsibilities.

Pan American Life Insurance’s actions had dire consequences. Our client sought medical treatment in Houston, one of the best medical cities in the world, with the expectation of being cured. Instead, her insurance company created roadblocks and bars to her treatment, and abandoned her and her family. Doyle stands behind this family to see justice served against an insurance company who chose profit margins over fulfilling their duty to a policyholder.

On December 22, 2011, Doyle Dennis Avery LLP filed suit in the 151st District Court of Harris County, Texas, against Pan American Life Insurance Company (“Pan American”) and its third-party claims administrator for their bad faith denial of health insurance benefits.  Since the time of filing, litigation has endured numerous procedural delays due to defendants’ attempts to escape proper venue.

In the Summer of 2011, our client was diagnosed with cutaneous melanoma in her lower abdomen. Following this disheartening finding of cancer, she sought treatment with medical professionals in Houston, Texas, and made a claim for benefits with Pan American. The insurance company, assisted by a third party administrator, fraudulently delayed the claimant’s health insurance claim while rejecting the opinions of her doctors and the evidence that she presented to support her claim. Sadly, our client lost her battle with cancer in 2012. The wrongful denials and resulting lack of medical treatment ultimately led to this tragedy.

Pan American, along with the claims administrator, are from Louisiana, and sought to remove the case to Federal Court asserting that there was complete diversity. However, the insurance lawyers of Doyle Dennis Avery LLP also held Specialized Collection Systems, Inc., liable, as this Texas collections agency threatened and harassed our client for outstanding debts that Pan American is legally obligated to pay. The defendants’ responded with motions asserting Specialized Collection was improperly joined in this cause, but after a year’s time, the courts ruled otherwise .

A federal district court in Houston held that the defendants’ failed to demonstrate that joinder of Specialized Collection was improper and remanded the case back to the 151st District Court of Harris County, Texas.

The health insurance bad faith lawyers of Doyle Dennis Avery LLP will proudly continue fighting for this client and her family in seeking justice for the bad faith actions of Pan American and the various entities which assisted their improper actions.

Doyle Dennis Avery LLP is pleased to announce new resources for military members and their families to provide information about burn pit exposure. From 2003 to 2013, thousands of military members were exposed to toxic materials burned on military bases with serious health consequences.

What’s the Background on Burn Pit Litigation?

Government contractors including Halliburton and KBR were given government contracts to dispose of waste on military bases in both Iraq and Afghanistan. The contractors improperly burned material in large open-air burn pits operated close to living and working areas. The result: Soldiers and deployed military members were exposed to harmful fumes and carcinogenic particles.

Doyle Dennis Avery LLP is a leading burn pit law firm, representing military personnel who were negligently exposed to toxic substances. More than 100 cases have been filed throughout the United States against military contractors. In one case, a jury ruled in favor of 12 soldiers (represented by Doyle) against military contractor KBR in an $81 million judgment.

Every case is different and those who may have been exposed need to understand the risks; the signs and symptoms of illnesses; and their options if they fall ill. Doyle Dennis Avery LLP has prepared interactive resources for military members and their families. The interactive information at Burn Pit Facts explains:

• Where burn pits were located: There were 251 burn pits in Iraq and 22 in Afghanistan as of 2010. The largest was at Joint Base Balad.

• Who was exposed: There were 25,000 personnel on some of the bases where burn pits were located.

• What was burned: More than 100 tons of potentially hazardous materials were burned daily at some of the bases in Iraq and Afghanistan. The materials being burned included heavy metals, medical waste, biohazard materials, banned chemicals, plastic water bottles, asbestos, tires, PVC pipes, pesticides and batteries.

• The health consequences of burn pits: Health effects include respiratory disorders, neurological disorders, cardiopulmonary disorders, skin problems, autoimmune conditions, and cancers. The fallout has been compared with Agent Orange.

• What your options are: Burn pit lawsuits were first filed in 2007. Today, there are a number of cases on file and a multi-district litigation established to manage the litigation.

Doyle is here to help victims who may have been exposed and family members of those affected. In addition to the facts page, you can also find more information, resources, and assistance by visiting our pages on:

• Burn Pit FAQ
• Burn Pit Resources
• Legal Help for Burn Pit Victims

Our attorneys offer free consultations on burn pit claims. Call today to schedule a consultation.

Doyle Dennis Avery LLP has filed suit against Nationwide Property and Casualty (“Nationwide”) and its assigned claims adjuster for multiple violations of the Texas Insurance Code and related laws protecting consumers against fraud and other deceptive business practices.

Our client owns a wholesale distribution store and purchased insurance from Nationwide whereby the company agreed to provide coverage for the building, warehouse, inventory, and lost business income resulting from burglary.

On or about January 21, 2014, five suspects broke into the Property by smashing the glass with sledgehammers, threatened the employees with guns, and stole a substantial amount of money, inventory, and other items from the building. Plaintiff immediately filed an insurance claim for damages to the building, along with lost inventory, items and cash from the register, and more.

Nationwide responded by assigning consultants to Plaintiff’s file that were inadequate and improperly trained. These actions violated the Texas Insurance Code’s requirement to conduct an adequate investigation. Further, Nationwide utilized biased consultants that overlooked the extent of loss and grossly undervalued the damages it did accept. The insurance company also violated the Texas Deceptive Trade Practices Act and committed fraud by representing that certain damages were not covered under the Policy when in fact they were.

Given the repeated delays of payment, our client has been subjected to significant economic impact, worry, distress, and continuing economic and physical damage. In addition, this commercial business owner suffers continuing financial harm and damage as a result of the repeated delays.

If you believe you have endured improper delay or denials of a Texas commercial property insurance claim, contact Doyle Dennis Avery LLP today for a free consultation.