Question
Why can't you sue 3rd party companies that assist Hartford in denying claims? Why can't you sue an MES doctor for medical mal-practice?
I was wondering why you cannot sue the third party companies that assist Hartford in denying claims for tortious interference. Ex: MES Solutions, doctors, third party claims evaluators. They are financially rewarded by Hartford to interfere with your policy. In addtion, why can’t you sue an MES doctor for medical mal-practice? Are they not obligated to an ethical standard of care?
Answer
Margie, you raise two excellent questions. Let’s start with the easy one first. In some states you can absolutely sue an independent medical doctor hired by an insurance company for any negligence. For example, if an IME doctor injures a claimant during an exam, then the doctor could be sued in most states. An IME exam should always be videotaped. With regard to a claim for tortious interference, this would be a difficult but not impossible cause of action. We have filed lawsuits against third party administrators in the past and alleged tortious interference. In ERISA governed claims it is very hard for a tortious interference claim to survive.
