aleatory contract between the insurance company and Mrs. Black
There is an aleatory contract between the insurance company and Mrs. Black in which the effects of the contract have been activated based on certain situations. Hence, the insurance company failed to cater to the experimental procedures of Mrs. Black’s son. The parties of the contracts include Mrs. Black and the Great Benefit company. The issues that might challenge the enforceability of this contract are the policies that the insurance company has since it does not cater for experimental procedures while Mrs. Black’s lawsuit claims that her son would have been saved by the procedures.
Second, the contract between Great Benefit and Miss Lemanczyk, a form of the employment contract. The parties for this contract were the company and the employee, Miss Lemanczyk in which she as fired before her contract terms ended.
Third, a contract between Jack Underhill and Lemanczyk. In this contract, Underhill force lemanczyk to leave the company and gave her tow option s. first, she was to choose from being fired and leave with no benefits or she was to write a resignation letter and get $10,000 in cash to keep calm. Hence, she took the money and wrote the letter and thus agreed not to discuss the claims by any other person, hence, the contract was viable between the two.
- the legal subject area of a civil case the plaintiff filed against the insurance company Great Benefit Life is bad-faith denial of a medical Insurance claim. The parties, in this case, are the insurance company, Donny Ray who is the victim denied the insurance claim and the Black Family. The plaintiff was suing Great Benefit Insurance Company on several grounds such as failure of the insurance company to cover Donny’s medical expenses. However, the company denied coverage on grounds that the insurance policy did not cover leukemia and also that the disease, leukemia in this case was a pre-existing condition. Hence, the policy holder’s never fulfilled the obligations of the insurance policy and thus were denied the medical cover claim. In addition, the Black family gave insurers an excuse to reject their claim. For instance, they had failed to disclose the pre-existing medical condition hence failed to disclose the relevant personal information of the insured. Additionally, the black’s family failed to read the insurance coverage since the policy contained several exclusions that they were supposed to know before entering into a contract with the insurance company. Hence, they were denied the medical cover claim on grounds of the policies of the cover.
From the movie, the fraudulent reason given by Great Benefit Life Insurance company to the main plaintiff for denying payment for the treatment is that Donny’s policy did not cover leukemia and also that the plaintiff’s medical condition was a pre-existing one. the company also claimed that bone-marrow transplants were a standard procedure such that the insurance company would lead to justification to invest in bone-marrow clinics. This shows that the company committed deliberate deceptions to obtain illegitimate gain from Black’s medical cover claim. This, therefore, threatens the viability of the future operation of the company thus financially damages consumers as they are not able to claim their medical covers. The company collected premiums with policies that defraud customers and thus had no intension to pay the claims, for instance, the policies for Great Life does not cover leukemia o condition that it is expensive. Hence, their company collects premiums but offers policies at a cost lower than the market price ending up trapping more customers.
The kinds of damages that the jury awarded the plaintiff in this movie were actual damages and punitive damages. The actual damages amounted to $150, 000 and the punitive damages amounted to $50 million. the punitive damage is aimed at punishing the wrongdoing, in this case the insurance company, that aimed at getting wealthier at the expense of the plaintiff. the punitive damage was therefore to punish the wrongful act and as well punish the wrongdoing. Therefore, the plaintiff was injured due to the defendant’s intentional causes. For instance, the defendant ignored the plaintiff’s serious medical condition which resulted in his demise. Additionally, the actual damage awarded was aimed at compensating the client for the actual harm incurred. In this case, they are known as compensatory damages. In addition, the punitive damages awarded should not be more than the compensatory awards ten times in the absence of justification. The defendant’s reprehensibility conduct in which it refused to pay the medical claim that would have helped in saving the life of Donny who ended up dying because of the incident, shows that the company did not isolate the incident hence it was a consistent action. Hence, this conduct was worth punitive damages.
Rudy Baylor is still a poor lawyer because if he practiced the right thing, he risked disbarments as his life and duty posed an ultimate sacrifice which affected his desire, and ideological views. In his duty, he is denied the rightful power in which the results are ambivalence for the future of the lawyer. The law practice has shattered his life thus Baylor thinks of abandoning his law practice since the practice diminished his expectations. hence, the lawyer is poor because of the case he won, the main beneficiaries were the plaintiff while he was given his legal fees. Thus, a lawyer has to ethically represent his clients while the benefit largely enjoyed by the clients.