AB 387 Grants California Department of Insurance New Powers to Protect Disability Insurance Consumers

On Behalf of | Oct 14, 2015 | Disability Insurance News, Insurance Commissioner, Insurance Litigation Blog, Long Term Care Insurance, News

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 a benefit of employment by an employer (in which case,...

With Discretionary Language Even Barred in Self-Funded ERISA Plans, is This the Death of The Abuse of Discretion Standard of Review In California?

On Behalf of | Oct 12, 2015 | Disability Insurance News, ERISA, ERISA - Abuse of Discretion, ERISA - De Novo Review, ERISA - Standard of Review, Firm News

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 claim administrator, that language is unenforceable, and de...