Tag Archives: disability insurance lawyer Phoenix
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
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
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
FCC Proposes Improvements in Advanced Communications for Consumers with Disabilities
Back in October 2010, President Barack Obama signed the Twenty-First Century Communications and Video Accessibility Act of 2010 (“CVAA”), which has been characterized by the FCC as the “most significant piece of accessibility legislation since the passage of the Americans with Disabilities … Continue reading
How A Dentist Can Avoid The Common Obstacles To Filing A Disability Insurance Claim
You have worked hard your whole career to develop your dental practice, but now you fear that you can no longer treat patients because of a physical or mental condition. You’re not alone – statistics show that from the … Continue reading
Disability Insurance Bad Faith In Arizona and the Delegation of Administrative Duties: A Legal Primer
Under Arizona law, the relationship between an insured and its insurer is a special relationship that gives rise to duties not ordinarily found in other contractual agreements. Rawlings v. Apodaca, 151 Ariz. 149, 163, 726 P.2d 565, 579 (1986); Dodge v. Fidelity & … Continue reading
Tucson, Arizona Legislative Candidates’ Forum on Disability Policy
Secretary of State candidate Chris Deschene and nineteen Southern Arizona state legislative district candidates participated in a forum on disability policy on October 15, 2010 at the Tucson Marriott University Park. Peri Jude Radecic, the Executive Director of the Arizona Center … Continue reading