Brothers say insurer refused to pay for father's medical care

Kelly Holleran Mar. 26, 2012, 11:57am

According to recently filed court documents, an insurance company wrongly and unreasonably refused to pay for a Beaumont man's care and hospitalization after he fell seriously ill.

Kent W. Johns and Theodore R. Johns Jr. filed a lawsuit March 9 in Jefferson County District Court against United Teachers Associates Insurance Co. and Great American Financial Resources.

In their complaint, the plaintiffs allege Johns Sr. had an insurance policy through United Teachers Associates and Great American that was supposed to pay for any costs relating to long-term care or home health care.

When Johns Sr. became seriously ill in January 2009, he required long-term hospitalization, adult care, respite care, non-professional care and the use of medical equipment, according to the complaint.

He requested payment from the two insurance defendants, but they refused to compensate him for the costs he incurred, the suit states.

"No reasonable explanation of refusal to pay benefits was ever sent to the policy holder or the beneficiary of the same," the complaint says.

Because of the insurance companies' actions, the plaintiffs have sustained mental anguish, according to the complaint.

The Johns say the insurance companies engaged in deceptive trade practices and are guilty of negligence, negligent misrepresentation and breach of contract.

They seek economic and actual damages in excess of the minimum jurisdictional limits of the court, plus pre- and post-judgment interest at the maximum rate, costs, attorney's fees and other relief the court deems just.

Kent W. Johns of Johns and Johns in Beaumont will be representing himself and his brother.

Judge Gary Sanderson, 60th District Court, has been assigned to the case.

Case No. B192-159

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