Medical Insurance Issues: Denial of Claims
November 23, 2010 | Joan M. QuadeAs a former nurse and now a lawyer for over 23 years, I become a little disheartened when I see what I believe are legitimate insurance claims being denied by medical insurance providers. I understand they need to contain costs and ensure that only tests and treatments that are necessary are covered, so that the ever-escalating insurance premiums do not continue to overburden individuals and especially small businesses. But we pay our premiums so that we have the coverage we need, and insurance companies need to be fair. The reality is that the insurance policy is a legal contract between the company and the individual that outlines the responsibilities of both parties. Most insurance companies must pay for the reasonable and necessary expenses incurred by the insured and the insured (or her/his employer) must pay the premium. The policy provides for what is, and is not covered, and there are generally exclusions for some things. The contract will sometimes indicate that some procedures, tests or care needs to be preapproved by the insurance company before you incur the cost. Make sure you know what those things are. When in doubt, get preapproval for all expensive tests or referrals. Most people understand that when they have paid their premium, they get health care and…
Read MoreLitigation Attorneys Brad Kletscher and Tammy Schemmel Obtain Winning Verdicts
October 20, 2010 | Barna, Guzy & Steffen, Ltd.On March 23, 2010, the Minnesota Court of Appeals handed down a landmark decision in the area of receivership law in Minnesota. Barna, Guzy & Steffen Ltd. attorneys Brad Kletscher and Tammy Schemmel represented the winning party State Bank of Delano in the appeal. In the decision, the Minnesota Court of Appeals held that a receiver for real estate does not have to pay the past due bills of a debtor owed to a utility company and that a utility company cannot disconnect utility services if a receiver does not pay such past due bills. In the case of State Bank of Delano v. Centerpoint Energy Resources, 779 N.W.2d 582 (Minn.App. 2010) the court held that “Because Minn.Stat. 576.01, subd. 2, requires a receiver to pay only for normal maintenance expenses of a property and because the Minnesota rules do not permit [the utility] to disconnect utility service to a new customer when the previous customer failed to pay its account balance, [the receiver] is not required to pay [the debtor’s] utility debt.” What this means for banks is that they will not have to pay the past due utility bills of their debtors out of the rents for the real estate if they appoint a receiver for real estate. This provides more…
Read MoreCell Tower Leases Increase
October 6, 2010 | Barna, Guzy & Steffen, Ltd.With the increased demand for cell towers, more and more land owners are being approached by wireless providers to lease property for the construction and operation of a cell tower on a portion of a land owner’s property. If you are a land owner who is considering leasing property to a wireless provider, or if you have been approached by a wireless provider to lease some property for purposes of a cell tower, you need to understand the implications of a cell tower lease on your property, protect your rights, and minimize your liability. Kristi Riley of the Barna, Guzy & Steffen Real Estate Department can help you with your cell tower questions and cell tower leases.
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