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Disability Insurance Blog
Requesting that a Plan Administrator Reconsider a Denial of Benefits May Preserve the Right to Sue
Exchanging correspondence with a plan administrator requesting reconsideration of a denial may preserve the right to sue by extending contractual time limitations and demonstrating that the pursuit of administrative remedies…
Hanging on the Past: What to Remember About the Abuse of Discretion Standard of Review as it Applies to ERISA Cases
Although we recently explained that policies offered, issued, delivered, or renewed on or after January 1, 2012 are afforded de novo review as a result of California Insurance Code section…
Department of Labor Proposes New, Claimant-Friendly ERISA Regulations for Disability Insurance Claims
From time to time, the U.S. Department of Labor promulgates new regulations governing disability insurance benefit claims and health insurance benefit claims that are governed by the Employee Retirement Income…
Mistreated by Your Insurer? Insurers May Not Be Able to Hide Behind ERISA Preemption to Defeat Claims for Intentional Infliction of Emotional Distress
Insureds obligingly pay premiums on their life, health and disability insurance policies and dutifully provide updated information upon request by their insurers, but often do not enjoy the same courtesy…
AB 387 Grants California Department of Insurance New Powers to Protect Disability Insurance Consumers
Short-term disability insurance and long-term disability insurance policies provide insurance benefits to consumers who are unable to continue working due to injury or sickness. Such coverage can be offered as…
With Discretionary Language Even Barred in Self-Funded ERISA Plans, is This the Death of The Abuse of Discretion Standard of Review In California?
Recently, we explained that District Courts within the state of California, applying California Insurance Code section 10110.6, ruled that, even if an insurance Plan contains language giving discretion to a…
ERISA Disability Insurance Claimants Take Note – Discovery Is Allowed In De Novo Review Cases
Well-intentioned policymakers enacted the Employee Retirement Income Security Act of 1974 (“ERISA”) over forty years ago to provide for the protection of participants’ employee benefits in part by establishing a…
ERISA Will Not Pre-Empt State Law Claims Under an Individual Conversion Policy
In an important victory for claimants, a United States District Court recently determined that a plaintiff who obtained an individual disability insurance policy through a conversion provision in an ERISA…
ERISA Insurers’ Conclusory Medical Opinions Regarding Disability Status Will Not Carry the Day
An individual suffering from a disabling condition undoubtedly has many concerns. In addition to dealing with physical pain and emotional distress, there is always the thought of how to pay…
The Death of the Abuse of Discretion Standard of Review in ERISA Disability Insurance Cases in California
When an insured obtains his or her disability insurance coverage from an employer, more often than not, that claim is governed by Employee Retirement Income Security Act of 1974, also…
