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Disability Insurance Blog
The Anatomy of a Disability Insurance Suit: UNUM
In December 2014, a Northern California woman filed a lawsuit against disability insurer Unum Life Insurance Company alleging that the company wrongfully denied her claim for long-term disability (LTD) benefits…
Ruling Limits Insurance Company’s Ability to Collect SSDI Overpayments
When and under what circumstances an insurer paying long-term disability benefits may collect retroactive benefits paid to an ERISA plan participant under the Social Security Act has been the source…
Too Little Time – Court Finds ERISA Plan’s Contractual Limitation Period Unreasonably Short and Unenforceable
One hundred days is not a reasonable amount of time to give a plan participant to file a lawsuit under the Employee Retirement Income Security Act of 1974 (“ERISA”). This…
Court Allows Mandamus Claim Against the California Department of Insurance Regarding Disability Insurance Dispute
There is a commonly held belief that every disability insurance policy sold to the public has been actually reviewed and approved by the California Department of Insurance. Indeed, California Insurance…
Recent Federal Court Decisions Give Teeth to California’s Ban on Discretionary Clauses in ERISA Plans
A virtually insurmountable concrete wall was once an apt analogy for the effect of discretionary clauses in ERISA Plans on claimants attempting to challenge a plan administrator’s unreasonable interpretation of…
Should You Hire an Attorney to Assist You with Your ERISA Disability Appeal?
If your disability policy was issued and paid for by your employer, it is likely governed by the Employee Retirement Income Security Act of 1974, commonly referred to as ERISA….
New California Law Requires that Short-Term Disability Policies Provide Coverage for Severe Mental Illness
In a victory for insurance consumers and mental health advocates, a recent change to the California Insurance Code mandates that short-term disability insurance policies provide coverage for “severe mental illnesses”…
Insurance Companies May Conduct Orwellian Investigations in Order to Deny Disability Benefits
Disability typically offer their insureds little insight into their claims administration processes. If you are waiting for a decision on your claim, or anticipate filing a disability claim soon, be…
The Number of Disabled Employees Increase as More Employers Drop Long-Term Disability Coverage
A disturbing trend that has developed across the country in recent years is that, while the number of workers/employees suffering from long-term illnesses or injuries has increased, the number of…
Insurers’ Bad Faith at Different Steps of the Insurance Claims Process
California law imposes an implied covenant of good faith and fair dealing in insurance contracts under which neither party may act so as to injure the rights of the other…
