COVID-19 Health Insurance Claims Pre-litigation

Summary

This practice note addresses pre-litigation considerations of the COVID-19 pandemic relating to health insurance claims. It guides you through many of the steps that should be taken in the preliminary investigation and fact-finding phases of a claim, whether you represent a client with a claim against a health insurer or an insurance intermediary or are defending a health insurer or an insurance intermediary in a claim brought by a policyholder. There may be situations when a health insurance company and the person or entity that sold the policy have positions adverse to each other, such as when the policyholder sues both of them, making alternative allegations. Pre-litigation concerns that arise in these circumstances are also addressed.