Many clients come to us and have serious questions when they suffer from a disability that makes them unable to work. They have disability insurance but do not know what that means or what that entitles them to receive from their insurers. In this post, we want to answer some of the

Recently, the 9th Circuit Court of Appeals released a decision that may have a significant impact on long-term disability insurance matters in California. The ruling could potentially limit some of the power that insurance companies have to deny claims for benefits. The case concerned a woman who worked for Boeing. As a

New regulations will now govern the ERISA disability claims and their appeals proceedings. These regulations will take effect on all disability claims that will be filed in 2018 – starting from the very first day of January. The new rule will affect all disability plans under ERISA. These include pension plans and all long-term

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

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