Skip to main content

Blog

September 14, 2016 in Bad Faith Insurance

Erisa: Disability Insurer Must Consider Job Duties

Some disability insurance policies include a provision that the insurer will try to use to disregard the insured’s actual job duties in deciding whether the insured is disabled.  A number of these policies, especially those sold by Standard Insurance Company, contain language that states that, in deciding whether to pay the claim, the insurer can […]

Read More

September 09, 2016 in Bad Faith Insurance

Erisa Insurer Must Explain Medical Evidence

In the recent case of Backman v. Unum Life Ins. Co. of Am., 2016 U.S. Dist. LEXIS 74918 (N.D. Cal. June 8, 2016), in which the claimant sought disability benefits for a painful back injury, the US District Court for the Northern District reversed Unum’s denial and ordered the payment of benefits. Unum had denied benefits based on the opinions […]

Read More

September 02, 2016 in Bad Faith Insurance

Erisa: Bar Objective Evidence Requirement

In ERISA claims, disability insurance companies often state in their denial letters that the insured does not qualify for benefits because he has not stated “objective evidence” of disability. However, case law in the 9th Circuit and elsewhere is clear that an ERISA insurer cannot properly insist on proof with “objective evidence” if the condition is one for which […]

Read More

May 19, 2016 in Bad Faith Insurance

When Does An Insurance Company Act In “Bad Faith?”

If your insurance company denies your disability insurance claim and your case is governed by California law, proving “bad faith” is a two-step process. You must first establish that you are disabled under California law. In other words, you must first establish that, under California law, you are entitled to the disability benefit under the […]

Read More

April 22, 2016 in Bad Faith Insurance

California’s Definition Of Disability

If your insurance company has denied your disability insurance claim and your claim is governed by California law, you must establish that you are disabled under California law. Whether your policy requires that you establish that you are “disabled” or “totally disabled,” the same definition should apply. California law supersedes the definition in your policy […]

Read More

April 12, 2016 in Bad Faith Insurance

CA Insurance Lawsuits: Deadlines?

There are key deadlines to meet if you intend to sue your insurance company. Unless the insurance company has inserted an enforceable provision in the policy limiting the time within which you may sue and, secondly, it is not unfair under the circumstances for the insurance company to impose this shorter deadline, you must file […]

Read More

April 11, 2016 in Bad Faith Insurance

Insurance Company Use Of Vocational Expert

Insurance companies use a “vocational expert” to assist them in denying claims. Rather than assess whether the policyholder is able to perform his or her actual job as reflected in an accurate job description or a fair analysis of the actual functional requirements of the job, the “vocational expert” is enlisted to redefine the policyholder’s job. By redefining the […]

Read More

April 07, 2016 in Bad Faith Insurance

The Insurance Company Doctor’s Techniques To Support A Denial

The insurance company doctor is an essential cog in the insurance company’s denial mechanism. The insurance company doctor typically writes a memo or report on which the insurance company purports to base its claims decision. Techniques that an insurance company doctor commonly employs to assist the insurer in denying claims include: (i) asserting erroneously that […]

Read More

March 20, 2016 in Bad Faith Insurance

The Insurance Claim Denial & The Insurance Company Doctor

A technique essential to an insurance company in denying claims is the hiring of a physician consultant on whom it can rely to support its denial. Unlike the treating physician, most of these insurance company physicians never see or speak with the policyholder. Most only perform a “paper review.” Most disregard the reasoned and informed […]

Read More

Meet Bennett M. Cohen

San Francisco Personal Injury Attorney

Bennett M. Cohen brings over 30 years of litigation experience which includes representing plaintiffs against massive companies like the Shell Oil Company, Standard Insurance Company, and Metropolitan Life Insurance Company. Bennett M. Cohen brings an experienced and dynamic touch that separates himself from large law firms. He can oversee every aspect of your case, ensuring you receive specialized assistance.

Learn more

Meet Bennett M. Cohen

Don’t Leave Your Case To Chance

Ensure your case is in the hands of a seasoned professional that will fight for you