The Employee Retirement Income Security Act (ERISA) has been a headache for many people who have been hurt on the job since it was passed by the U.S. Congress in 1974. Before the law was passed, many employees would try to file long-term disability claims from companies who promised them rock-solid insurance

Some insurance companies offer lifetime disability benefits.  They usually come at an additional fee (or premium) and are attached to the policy as an “endorsement” or “rider” to the policy.  But not all lifetime coverage is created equal.  Some policies – usually those that were issued in the 1980’s or 1990’s – merely continue your benefits

When you’re a worker for a company who has offered you disability insurance, you may not be aware of ERISA, or the Employee Retirement Income Security Act. Why would a retirement act impact your disability claim? And how could it possibly cause a denial of that claim? You need to know how

Many workers will have their disability insurance policies governed by ERISA. ERISA is extremely complicated and there are several things that must be done in order for the claims to be approved. Frequently, these claims are denied, leaving workers in a terrible position. This posting discusses some of the things that you

Earlier this year, the Supreme Court provided additional guidance on punitive damage awards in insurance bad faith actions.  The decision, Thomas Nickerson v. Stonebridge Life Insurance Company (June 9, 2016) 63 Cal.4th 363, held that the ratio of punitive damages must include an award of Brandt attorneys’ fees in its calculation.  Nickerson involved a denial of medical benefits under

If you find yourself unable to work due to an injury or illness, the last thought on your mind is submitting to an insurance company’s demand to be examined by a doctor you’ve never met. Insurers refer to these events as “Independent Medical Examinations,” although under the circumstances they are anything but

The state of California has proposed changes to insurance jury instructions. The impact of these changes could have a negative effect on consumers. Bad Faith Litigation In California, bad faith litigation occurs when an insurance company refuses to honor its obligations under a policy. This means that they are refusing to pay for certain

Most of us are covered by disability policies through our employers.  Premiums are paid by payroll deductions and coverage is described in a summary plan description.  Those policies (subject to a few exceptions discussed below) are governed by federal law, specifically, the Employee Retirement Income Security Act of 1974 (“ERISA“).  These laws

As a homeowner, you know that you have to have insurance to protect your assets. Your home is a significant investment, and you have to make sure you have coverage if something happens that results in a catastrophic loss. When you obtain an insurance policy, the policy will clearly state what is

From Bruce Springsteen’s legendary voice to Taylor’s Swift’s legendary legs, when it comes to insuring their most valuable “assets,” it seems that celebrities are as cautious as the rest of us.  The most recent example of a superstar looking for protection against unforeseen maladies is world-famous soccer player Christiano Ronaldo.   It’s