The issue of blanket denials for preexisting conditions is so egregious that it has become a national policy debate. In many cases, an insurance company can claim most anything to be preexisting, since both the legal lingual is relatively unclear and the medical proof for initial causality of disease is not precise. "The fine print differs from the larger political message. If a company sells insurance, it will have to cover pre-existing conditions for children covered by the policy. But it does not have to sell to somebody with a pre-existing condition. And the insurer could increase premiums to cover the additional cost" (Pear). Conclusions -- Law is many things; a tradition, a tool of society, and an organizer. Just as with most tools, it may be used in various ways depending on the person using it. Specifically when dealing with issues surrounding medicine, the law...
Doing "what is right" is often utilitarian based -- for society? For the stakeholders in the insurance company? For the individual client? Each has an argument to make. Yet, the overall point of the Rainmaker seems to be that even in a flawed system, it is possible for a lawyer to move in the right path and attempt to do the moral and just action.However, Erin Brockovich the movie has a very different ending than the actual civil action under tort law brought against California's Pacific Gas and Electric Co. The Hollywood ending would have been preferable, however life is just not that simple and a tort law case against such a company is really a long, tiring legal battle. The 1993 legal dispute from Hinkley was resolved by arbitrage and at first
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