Author Archives: admin
Provident Life Demands Disabled Dentist Submit to Surgery
Under California law, a disabled dentist who is receiving disability benefits may be required to undergo curative surgery in order to remain eligible for disability benefits. This was held in Provident Life and Accident Ins. Co. v. Van Gemert. In … Continue reading
Unum Creates Ambiguities to Escape Bad Faith Liability
In California, “[t]he key to a bad faith claim is whether or not the insurer’s denial of coverage was reasonable,” which ordinarily is question of fact for the jury. Guebara v. Allstate Ins. Co., 237 F.3d 987, 992 (9th Cir. … Continue reading
Northwestern Mutual Denies Dentist Disability Benefits
Under California law, a disabled dentist’s return to work does not necessarily preclude recovery on his disability insurance benefits. This was held in Zambito v. Northwestern Mut. Life Ins. Co. In Zambito, a dentist suffering from mental illness filed suit … Continue reading
California Assesses Punitive Damages for Disability Insurer’s Despicable Conduct
In our last blog post, we discussed when, under Arizona law, punitive damages may be assessed against a disability insurance company that is guilty of insurance bad faith. In this blog post, we examine how the same issue is analyzed … Continue reading
Disability Insurer’s Evil Hand Guided by an Evil Mind
In some disability insurance cases, punitive damages are assessed against the disability insurer when it violates the covenant of good faith and fair dealing with the insured. In Arizona, a court may award punitive damages as punishment against a wrongdoer … Continue reading
Disability Advocates React to Affordable Care Act Ruling
A disability advocacy group, Easter Seals, issued a press release earlier today applauding the U.S. Supreme Court’s decision regarding the Affordable Care Act (ACA). Easter Seals is a nonprofit organization that provides services for people with developmental disabilities, autism, special … Continue reading
Disability Insurers Mislead Claimants
In our last few blog posts, Insurance Bad Faith: Cherry-Picking Your Medical Records and Disability Insurers Misuse Independent Medical Examinations, we have examined the prohibitions from the 2005 Order that coincided with the California Regulatory Settlement Agreement with Unum. In this post, we … Continue reading
Insurance Bad Faith: Cherry-Picking Your Medical Records
In a previous blog post we discussed how disability insurers use independent medical examinations (IMEs) to their own advantage, despite explicit state prohibitions. In this post, we will look at another similar ban that is also part of the California … Continue reading
Disability Insurers Misuse Independent Medical Examination
In 2005, the California Insurance Commissioner fined Unum $8 million and ordered it to stop engaging in unfair business practices. The California Order specifically prohibits Unum from engaging in 28 activities. In the next few blog posts, we will take … Continue reading
Prudential Says Return to Work
Prudential Group Insurance has set up a Return to Work service which provides employers with assistance in setting up their own Return to Work programs for disabled employees. According to a press release in the Wall Street Journal, these employer-sponsored … Continue reading