In this post I am describing an attempt of my insurance company to put me in breach of contract, and how I got an admission of having been lied to. I will first provide a short introduction then provide a slightly longer summary.
My former claim manager has lied to me in writing about sending me a form. Her lie would have put me in breach of contract.
Upon my escalation of the issue to the insurance company, I was left a voice message by a insurance employee confirming that my former claim manager did not send me the form.
Below I will list the steps involved in the deception. The thing to keep in mind is that I have a contractual obligation to return any completed Form within 30 days of request.
On June x my former claim manager emails me that at some future time I will be contacted by my future claim manager, who will be asking for “current information” for my file. (My former claim manager will keep reinforcing this expectation of future requests by a “still to return to the office” future claim manager several times.)
On June y I email both my former and my future claim manager that my doctor is on vacation, and that my next doctor’s visit is in x days, being already booked for July. I ask my future claim manager to wait to send me any Forms until July. (My former claim manager is being copied on this email.)
On June x, 31 days before my doctor’s visit, my former claim manager emails me implying that she had already sent me a Form for my doctor. Her email is deceptive: it is intentionally written so as to imply she has sent me the form, but craftily composed so as to make me overlook/ gloss over her statements implying that she has already sent me the form.
How is my former claim manager deceptive? By three strategies:
-by starting her email with another reminder of my future claim manager still having to return to office
-by burying the implications that the insurer is waiting for the completed Form in the middle of long paragraphs
-by conveying those buried implications as if they are just descriptions of the claim process in general, and not referring to an actual request having been made
(If I had glossed over her statements, by the time I would have seen my doctor I would already have been in breach of contract.)
On June x I email my former claim manager asking her to confirm that she did not sent the form yet. She emails back that she did send the form already, but that she is attaching it “again”, for my reference.
I escalate to the insurance company and state that the former claim manager’s statement that she had sent me a form before June x has put me in breach in contract. I also state I have not received any such form.
I am left a voice message by a insurance employee (from the “Consumer” team) confirming that, according to their investigation, the Form had not been sent, on or before the date the claim manager wrote she did send the form.
First of all I would like to know what is it that my Insurer just attempted to do? Is there a technical term? (Bad faith?)
What do I do now? What type of lawyer should I approach?
What can I hope to achieve by involving a lawyer?
I understand there might be a limitation period on these things?
So what are my next steps?