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
Bad Faith Insurance
Bennett Cohen
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
Bennett Cohen
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
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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
Bennett Cohen
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
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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
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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
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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
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In Many ERISA Cases, The Disability Insurer Should Be Barred From Requiring “Objective Evidence” Of Disability
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
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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.
