In Elder Abuse claims involving insurance the key question is whether or not the insurance company retained policy benefits owed to the policyholder with intent to defraud or by undue influence. The focus is whether or not there has been a wrongful use of policy benefits.
An insurance company may engage in elder abuse by misappropriating funds to which an elder is entitled under a policy of insurance. To establish a wrongful use of property to which an elder has a contract right, the elder must demonstrate a breach of the contract, or other improper conduct.
In additional beyond the existence of improper conduct, the insurance company knew or should have known that this conduct is likely to be harmful to the elder. Wrongful conduct occurs when the insurance company actually knows that it is engaging in a harmful breach of the contract, or reasonably should be aware of the harmful breach.
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