Vincent Sabatini is pleased to announce that he recently obtained a settlement for a client whose husband had past away. Prior to his death, our client and her husband refinanced their home with Wells Fargo Bank. The home equity line was in the amount of $137,000.00. They purchased credit life insurance with Centerioum Life an affilate of Wells Fargo. Part of the application process required each of them to fill out a medical form indicting whether or not they had treatment for cancer or heart disease or conditions related to each. Each said no. Shortly after the loan went into effect, the husband died. The wife made a claim against the life insurance company to pay the off the loan balance of approximately $134,000.00. The company refused relying on a "stray" medical report from a note by a resident from St. Francis Hospital that the husband "had a history of cornary disease". The widow denied this. Attorney Vincent Sabatini was hired. The case was investigated the matter. Certain recrods were unable to be obtained without court intervention. So, a Bill of Discovery was filed against Wells Fargo and Centerion. A Bill of Discovery is a procedural tool available in Connecticut satet court. The tool allows a person to obtain a court order requiring another individual or company to disclose certain evidence in order for the person to determine if he or she has a legally viable claim. The bill of discovery was granted and the recrods were obtained. The firm then intervied the decedent's primary care physicain. This physicain was shown the " medical note" in question. The physican stated that the note had to be in error as his records indicated the husband did not have the conditions indicated in the report. Attorney Sabatini tracked down the surgeon at St. Francis. Attorney Sabatini got the surgeon to reveiw the records. Upon review, the surgeon concluded that the "note" was in error. The surgeon said that the resident made a mistake. The surgeon agreed to
write a report indicating the error and correcting the note. Upon receipt of the corrected medical recrod, the law firm filed suit in Hartford against Wells Fargo and Centerion. General Counsel from Wells contacted our firm and indicated that the defendants were interesting in settling. After two months of settlement talks, the case was settled for exactly want the client wanted and deserved. Wells Fargo paid off the note in full; reimbursed to the wife overpayments made since her husband died and paid all attorneys' fees and court costs.
Categories:
