Not sure if I should start a new thread for this, but I guess I'll ask here first.
Long story short, my health insurance denied coverage for certain services out of network, after giving me incorrect information on multiple occasions. Then they compounded the issue by refusing to share their policies and procedures on the matter, and having their internal procedures that were clearly set up to avoid providing coverage (e.g., telling me we had to have the child's PCP put a referral through their online portal, only to discover that the portal doesn't allow out of network referrals, etc).
I've tried appealing, no success, and I'm trying to work with NY's dept. of insurance, with limited success thus far. I feel like I have enough evidence to show that they're actively doing things dishonestly, and are aware of it at the highest corporate levels. I'd love to be able to sue them for this behavior.
The problem is that, as I understand it, any punitive damages would be based on the amount of the compensatory damages, which in this case is minimal (~$5k). SO most attorneys aren't interested in taking the case on a contingency basis.
Any suggestions? Is there any way to have the damages based on the ridiculously unethical and dishonest practices, rather than the compensatory damages?