Aunt’s Subrogation Suit Incites Flame Wars

By on Dec 18, 2015 in Lawyer Marketing Tips, Lawyer Prices and Billing, Technology and the Law |

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What is a quite common routine in litigation suits for insurance claims mounts to a flame war for Connecticut resident Jennifer Connell over an innocent hug. Subrogation, the act of suing another insurance agency to pay claims when one’s own insurance company refuses to cover medical bills, has brought a family to tears and incited a social medial flame war against loving Aunt Jennifer. What amounts to a simple homeowner’s case has the media frenzied due to the 12-year-old involved in the suit, who was only eight years old at the time of the incident.

Social media goers and media personalities have used Jennifer as part of a frenzy of attention, even calling poor Jennifer “Auntie Christ” stating she maliciously is suing her “nephew” and painting her as a cold and calloused personality looking for a payout. There is truth in this case, and it’s on the side of insurance companies, not loving “Auntie” Jennifer.

A Hug and a Broken Wrist

When Jennifer visited her cousin’s son, his exuberance at seeing his “Auntie” resulted in breaking her wrist. The hug, while innocent, was so forceful it resulted in lasting injuries that made it near impossible for Jennifer to even hold a simple plate. She told CNN reporters that she loved her “nephew” and knows he would never wilfully hurt her, nor would she hurt him. Instead, she still visits him regularly and even has taken him Halloween shopping after the incident.

The Purpose of the Suit

Jennifer has no intentions of becoming rich off this lawsuit, she simply wants help with her medical bills for the treatment of her broken wrist when her own insurance company failed to foot their part of the bill. In what is known as a subrogation, her insurance company is suing her cousin’s insurance company for damages and loss of lifestyle in an effort to see if the unpaid medical bills, over $127,000, can be paid by a homeowner’s claim.

No Animus, No Malice, Simple Compensation Case

In a simple case of what seems to be negligence, Jennifer and her insurance company are not seeking malice suits, but simple compensation for medical bills. If her medical bills are not paid, they could forever alter her life, destroying her current lifestyle and ability to enjoy time with her close-knit family.
Further, Ben Maher (a professor of insurance law at the University of Connecticut) states that insurance policies are designed to cover negligence. “In the U.S.”, he explained, “it is common to sue only up to the amount of coverage”. Citing a simple accident, he goes on to intimate how one might sure the minimum coverage of $20,000 in an automobile accident.