Psyched into meds; can my claim be denied?

Question

can an insurance company legally deny my claim if I have a previous history of depression and their client's negligence has caused me to use stimulants again? This is with regards to product liability. The company was made aware of my declining mental condition.

Answer 1

Yes.  "Their client's negligence"?

Answer 2

You'd have to prove that it was their client's negligence that caused your relapse, and that could be difficult.  You don't give any details, so hard to tell - but yes it could end up denied.  And it also depends on what you mean by "stimulants" - if it's a legally prescribed drug, maybe, if it's illegal drugs then you don't have much of a chance.

Answer 3

An insurance company has NO obligation to take a "claim" directly from you.  You'll have to hire a lawyer and sue them.

You can usually sue for "damages".  Typically, it would be for bodily injury or property damage.  "Stress" and depression, are not bodily injury.   Or property damage.  

Assuming that the "caused me to use stimulants", means you've got some illegal drug use going on, even if they are prescriptions - you're not going to be able to collect from them, or win a lawsuit, regarding any of your illegal activities or an addiction issue.  

My best suggstion is to get  private counseling, and get into some 12 step recovery programs to stop using the drugs.

** regarding the negligence.  It's three steps:  1.  There is a duty to perform/behave in a certain way.   2.  That duty was breached - the behavior or performance didn't happen.   3.  The breach of that duty directly led to property damage or bodily injury.  

I don't see that there's any property damage or bodily injury.  You can't blame them, if you're of a fragile mental state to begin with.**