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Disability Insurance Blog
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…
Court Confirms that Medication Side Effects Can Support a Disability Insurance Claim
When a person suffers from a disability caused by an injury or sickness, the resulting restrictions and limitations, be they physical or mental, can have a devastating impact on that…
Recent Juror Attitudes Should Frighten Insurance Companies
Recent verdicts from across the nation in disability, life and health insurance policy cases must be alarming for big corporate insurance companies. The trend is for jurors to award individual…
Disability Insurers Can’t Seem to Get it Right – Another Tale of Insurance Claimant Woe
Did your disability insurer follow the law when it denied your insurance claim? Don’t count on it. If you have long- term disability insurance through your employer, you may need…
For ERISA Disability Insurance Appeals, A Claimant Who is a Day Late May Not Be a Dollar Short
Under most long-term disability insurance plans governed by the Employee Retirement Income Security Act of 1974 (“ERISA”), a claimant must appeal the denial of any claim for benefits within 180…
