Lawsuit accuses Allstate Insurance coverage of stalling dying Colorado buyer

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DENVER (KDVR) — Daniel Shae moved up his wedding ceremony day to Jan. 31, 2021 to incorporate his dying mom.

“It was one in all her bucket lists to be part of our wedding ceremony and we did every thing we might to maneuver it ahead below these few weeks that we had,” mentioned the 37-year-old.

His 66-year-old mom, Janna Shae, has been advised she solely has weeks to reside after being recognized with Stage 4 gallbladder most cancers final September.

Her battle with most cancers will sadly be shorter than the battle she has been waging with Allstate Insurance coverage since April 2019. That’s when she was rear-ended by a driver with a person who had no auto insurance coverage.

Janna has two separate “uninsured motorist” insurance policies with Allstate value $350,000 that ought to have lined her for the state of affairs by which she discovered herself. That’s essential as a result of two months after the accident, Janna wanted spinal surgical procedure for accidents her physician wrote had been associated to the crash.

But a 12 months and half later, Allstate Insurance coverage has paid simply $10,000 after an adjustor wrote, “I didn’t contemplate the surgical procedure as part of this declare,” though Allstate has a letter from Shae’s physician stating, “If it weren’t for the accident, Janna wouldn’t have required surgical procedure.”

“She pays Allstate with the understanding and hope that if one thing occurs to me by someone else who doesn’t have insurance coverage, you’ll do the best factor,” mentioned Jonathan Stine, one of many attorneys representing Janna Shae.

Allstate claimed to be reviewing Janna’s case for 15 months from June 2019 to September 2020, when Janna’s attorneys knowledgeable the insurance coverage big Janna had simply been recognized with terminal most cancers.

“I’ve to inform you I believe that is essentially the most egregious, disgraceful factual state of affairs I’ve ever seen,” mentioned Marc Levy, one other lawyer for Shae.

He assumed telling Allstate about Janna’s new prognosis would lastly get Allstate to write down her a test for the complete quantity of her insurance policies to cowl her spinal accidents and emotional misery, “As a result of it’s the morally proper factor to do however it’s additionally the legally required factor to do.”

However as an alternative, Levy mentioned Allstate continued to do nothing. So in January, he filed a lawsuit accusing the insurance coverage firm of performing in “Dangerous Religion” by basically stalling whereas Janna is dying.

“If Janna passes away earlier than our case goes to trial, tons of of 1000’s of {dollars} of obtainable treatments to her, that can go away as a matter of regulation and Allstate is aware of that. Allstate attorneys know that, we all know that,” mentioned Levy.

“I actually really feel that they’re attempting to attend till my mom passes to attempt to avoid wasting cash,” mentioned Daniel Shae.

In an announcement, Allstate advised the FOX31 Drawback Solvers, “Allstate has been working with the shopper to resolve this matter since 2019 and we’re attending mediation subsequent week with the hope of reaching an settlement.”

It needs to be famous Allstate attorneys didn’t comply with the Feb. 19 mediation till the day after FOX31 reached out to Allstate’s media staff and months after Shae’s attorneys had requested mediation.

“We’ve been attempting to do every thing we will to make recollections and moments in these previous couple of weeks. These aren’t the recollections and moments that I wish to have,” mentioned Daniel Shae.

Beneath a “Dangerous Religion” lawsuit, Colorado regulation permits Janna’s household to go after Allstate for thrice her coverage quantities, which might be simply over $1 million.

However when Janna Shae dies, she loses the power to sue Allstate for any emotional misery and her attorneys advised the Drawback Solvers that might be value one other $600,000.

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