Ninth Circuit Clarifies ERISA’s Full and Fair Review Standard by Imposing New Requirements on Plan Administrators in Salomaa Case

On Behalf of | Mar 17, 2011 | Disability Insurance, Disability Insurance News, ERISA, ERISA - Abuse of Discretion, Firm News, Insurance Litigation Blog

ERISA requires that an administrator provide a claimant with a “full and fair” review of a denial decision.  In a recent ruling entitled Salomaa v. Honda Long Term Disability Plan, __ F.3d __, 2011 U.S. App. LEXIS 4386 (9th Cir. Cal. Mar. 7, 2011) the Ninth Circuit...

California Homeowner’s Insurer Not Required To Pay Extended Repair Limits Until Homeowner Shows Proof of Repair

On Behalf of | Mar 17, 2011 | Case Updates, Firm News, Insurance Bad Faith, Property & Casualty Insurance

Under standard homeowner insurance policies the insurer is typically required to pay only the “actual cash value” of a loss—i.e., the fair (depreciated) market value—unless and until the insured actually incurs repair costs in excess of the actual cash value to repair...

New ED CA Decision is a Feast of First-Party and Third-Party Insurance Coverage and Bad Faith Principles

On Behalf of | Mar 15, 2011 | Case Updates, Duty to Defend, Firm News, Insurance Bad Faith, Policy Interpretation, Property & Casualty Insurance

Every now and then a court decision comes along that is a virtual one-stop shop for basic insurance coverage and bad faith principles—a primer for newbie insurance attorneys and a refresher for seasoned litigators.  Chief Judge Anthony Ishii’s recent decision granting...