HairyReasoner wrote: ↑Mon Jul 05, 2021 3:10 pm
Dog Slobber wrote: ↑Mon Jul 05, 2021 1:49 pm
Insurance companies are not responsible for paying for Philips blunder. Read the terms of your policy.
I've read the terms of my policy. Nowhere does it say coverage is determined by whose fault it is. By that argument, if my neighbor gets careless with his rifle and shoots me, my insurance shouldn't cover my medical treatment for that if my neighbor doesn't step up. Perhaps you can show me where in the terms a typical insurance policy it in general rules out coverage for things that are somebody else's fault, but I can't find anything like that.
Are you being intentionally dishonest?
Insurance companies have amount limits and time frame limits. You even acknowledged that.
You are asking them to waive it. They should not have to, as I said "they are not responsible for Philips blunder", and they shouldn't be.
Of course, just as my insurance might recover it's expenses against my neighbor by litigation, such avenue would still be open against Phillips.
Not if they did not *have* to pay your claim.
When an insurance company has to pay a claim, they can recover damages from the party responsible under a legal doctrine called
Subrogation. They are essentially stepping in your shoes because they were contractually obligated to pay you. If they were not contractually obligated to pay you, they do not have a cause against Philips.
You can be damn sure that should any insurance company go after Philips for Damages they will be scrutinizing the contract that entitled them to.
Insurance companies do have limitations on coverage, including the 5 year limitation on buying CPAP devices. But, in cases of medical necessity they can, and sometimes do waive those requirements (as according to the post here Medicare has done).
And there it is.
The terms state they are not responsible to replace your machine within 5 years.
If they volunteer to, then it's on them, not Philips. And as I originally said, "They should not have to pay for Philips blunder.
If I were to voluntarily pay for a new machine for you I would not have a cause against philips for the cost of a new machine.
I'm not saying they're operating against their policies by not waiving the 5 year requirement. I'm just stating the realistic choice they have.
Of course, maybe they'll opt out of paying for the lung cancer treatments on the grounds it's somebody else's fault.
I never said that, your strawman is both asinine and dishonest.