A quick explanation of the "de novo" standard of review for an ERISA case, and how it differs from the "arbitrary and capricious" standard of review
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Bad Faith Insurance
The Collateral Source Rule
The fact that you have received payments from a collateral source, such as medical insurance payments, does not reduce the amount of damages you can claim against the wrongdoer.
Courts Accept That “Objective Evidence” Is Not Required To Prove Disability Due To Fibromyalgia
Many insurance companies insist that a person suffering from fibromyalgia must provide “objective evidence” of disability in order to qualify for disability benefits. A number
An Insurance Company May Not Raise New Defenses In The Litigation That It Did Not State In Its Denial Letters
When an insurance company denies a claim, it will purport to state the reasons on which it bases its denial. The insurance company’s reasons are
An Insurer’s Mere Mention Of Evidence Contrary To Its Denial Does Not Mean It Considered It
When an insurance company denies a claim, it will often summarize in its denial letter the evidence cited by the insured in support of the
An ERISA Insurer Or ERISA Plan Must Sufficiently Explain Its Denial
When an insurance company or ERISA plan denies your disability claim, it often leaves you with more questions than answers. You will likely receive a
Recovering Attorneys Fees Where Your Public Interest Lawsuit Has Limited Success
Under California law, a private citizen can bring a lawsuit specifically intended to address the ills or injustices in society. Recognizing that such lawsuits are
Your Attempt To Return To Work Does Not Bar A Finding Of Disability
California case law is clear that an insured’s attempt to return work may not bar a finding of disability. The California courts have long recognized
Even In An ERISA Case, The Disability Insurer Must Consider the Insured’s Actual 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
An ERISA Insurer Cannot Refuse To Credit The Claimant’s Medical Evidence Without A Sufficient Explanation
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