Policyholders pay substantial premiums for disability insurance hoping they will never need it. If they ever do, however, few anticipate that their own insurance company will do everything possible to escape paying benefits.
When properly challenged, the insurer’s highly selective “review” of the medical and vocational evidence can be readily exposed. The medical and vocational “experts” whom, you are told, support the denial are often revealed to be mere pawns of the insurer with whom they enjoy a longstanding, cozy, and highly lucrative business relationship.
When the insurance company constructs every kind of roadblock to the payment of your claim, it is time to give me a call.
In 2014, Bennett M. Cohen won the only jury verdict ever in California in which Standard Insurance Company has been held liable for the bad faith denial of a disability insurance claim. Later that year, Mr. Cohen won a related case in the California Court of Appeal against the California Department of Insurance after the California Department of Insurance had refused for years to review new disability insurance policies before they entered the California marketplace.
As a consequence of Mr. Cohen’s victory in the California Court of Appeal, the California Legislature amended a key California statute to provide more time for the review of new disability policies and the California Department of Insurance increased its staffing to be able to review all new disability insurance policies before they are allowed to be sold in California.
Many insurance companies use the following tactics to deny claims:
- Using an incorrect and unlawful definition of “disability” or “total disability"
- Conducting a highly selective investigation of the claim to seize upon “facts” that may support a denial while disregarding or diminishing facts that support the claim
- Contacting the insured’s doctor to obtain a statement that responds only to questions that would tend to support a denial rather than support the claim
- Employing “hired gun” medical experts (and other experts) who are completely “in the pocket” of the insurance company and committed to doing everything possible to try to justify an unjustifiable denial
These highly compensated, unscrupulous doctors often state that the insured’s medical records fail to reveal certain “abnormalities” or “objective signs” of an illness or injury —and, therefore, according to these doctors, the insured is not disabled. In many instances, however, as the hired gun doctor knows, the absence of certain “abnormalities” or “objective signs” is irrelevant in determining whether the insured suffers from severe pain or is disabled.
As an attorney who has confronted such insurance company misconduct and “hired guns” many times before, I look forward to successfully challenging and defeating your insurance company’s bad faith denial. We know how to present truthful testimony to expose and overcome dishonest medical “experts” and cross examine these “experts” to undermine their bought-and-paid-for opinions. Simply stated, we know how to prove insurance bad faith.
If your claim is denied, schedule a consultation so we can fully review your case free of charge. We will explain to you all your options and, if in your best interest, promptly take the insurance company to court.
If your insurance company delayed the payment of benefit-- even if it eventually did start paying, let me use my expertise to recover compensation for that delay.
I have successfully handled claims against the biggest insurance companies.
At the Law Offices of Bennett M. Cohen, we represent individuals in the Bay Area and throughout California in long-term disability insurance claims. We have successfully confronted and overcome insurance company tactics for our clients many times and are committed to doing so for you. If you choose our firm, you will have an aggressive, tireless team advancing your case and advocating for you in every possible way.