Opportunistic Rescission: When Do Insurers Waive their Right to Rescind an Insurance Policy?

On Behalf of | Jul 12, 2018 | Accidental Death or Dismemberment, Agent/Broker, Disability Insurance, Disability Insurance News, Firm News, Health/Medical Insurance, Insurance Litigation Blog, Life Insurance, News, Rescission, Waiver & Estoppel

All too often, we see insurance companies deny insurance claims by attempting to opportunistically rescind insurance policies. This practice has become more prevalent in recent years as insurers look for ways to deny insurance claims. Anyone who has purchased a...

A District Court Rejects Insurer’s Denial of a Long-Term Disability Claim Based Only on a Paper Review of Medical Records and Blind Adherence to the Dictionary of Occupational Titles

On Behalf of | Jun 21, 2018 | Disability Insurance, Disability Insurance News, ERISA, Firm News, Insurance Litigation Blog

A “battle of the experts” is common in legal disputes. But what happens when your doctor determines you are disabled and unable to work, while the insurer’s doctor determines you are not disabled based on a review of your medical file, leading to a denial of your...

Part-Time Work: Is this Sufficient to Preclude a Claim for Long-Term Disability Benefits Under the “Any Occupation” Standard of Total Disability?

On Behalf of | Jun 16, 2018 | Disability Insurance News, ERISA, Firm News, Insurance Litigation Blog

Long-term disability insurance policies are an important safety net for employees. In the event of an accident, long-term disability helps to bridge the gap in income when an employee is no longer able to work. But to what extent does it mean for an employee to be no...

Agents, Brokers and Rescission of Insurance Policies

On Behalf of | Apr 9, 2018 | Accidental Death or Dismemberment, Agent/Broker, Disability Insurance News, Firm News, Insurance Bad Faith, Insurance Litigation Blog, Life Insurance, Long Term Care Insurance

Generally, an insurer need not investigate statements made in an application for insurance, subject to certain exceptions. Instead, the potential policyholder or applicant must fully disclose all known material information. If a potential insured does not correctly...

Bad Faith Claims Handling: California Department of Insurance Investigates Aetna’s Health Claim Denials

On Behalf of | Feb 21, 2018 | Bad Faith, Breach of Contract, Disability Insurance, Disability Insurance News, ERISA, Firm News, Health/Medical Insurance, Insurance Bad Faith, Legal Articles

On our blog, we frequently discuss the improper tactics insurers use to deny legitimate claims for life, health, disability and other forms of insurance. For our latest article on the pervasive problem in health insurance claims denials, see...

Court Rejects Third Party Administrator’s Demurrer to Insurance Bad Faith Claim Based on Plaintiffs’ Theory of Joint Venture Liability

On Behalf of | Jan 24, 2018 | Bad Faith, Breach of Contract, Case Updates, Disability Insurance, Disability Insurance News, Firm News, Insurance Bad Faith, Insurance Litigation Blog, Non-ERISA

Implied in every insurance contract is a promise of “good faith and fair dealing,” which means that the insurer must not take unreasonable steps to prevent an insured’s right to receive benefits under the policy. To comply with its promise to act in good faith, the...