BLOGS

Under the “discretionary” standard of review (also known as the “abuse of discretion” standard of review, the District Court must defer to the insurance company’s denial if it has a strand of reasonableness.

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

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.

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

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

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

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

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

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

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