The California Department of Insurance via a market conduct examination, as well as insurance regulators from Connecticut, Maine, Massachusetts and Pennsylvania, reached a settlement agreement with CIGNA over its improper…more
In its recent decision in Schwartz v. Provident Life and Accident Insurance Co., the California Court of Appeals held that, in order to have standing to pursue a claim under California’s “Unfair Competition Law” (Bus. & Prof…more
The decision by the Supreme Court in Yanting Zhang v. California Insurance Co., is expected within 90 days of the oral argument on May 8. Both insureds and their attorneys should keep careful watch for this potentially…more
United States Supreme Court to hear the case of Heimeshoff v. Hartford Life and Accident Insurance Company. The United States Supreme court’s ruling may simplify the calculation of deadlines to file a lawsuit. The clearer the…more
Judge Cormac J. Carney of the United States Federal District Court for the Central District of California denied Sun Life and Health Insurance Company’s Objections to Proposed Judgment in an ERISA long-term disability insurance…more
California Court of Appeals confirmed that, in certain circumstances, the filing of an insurance claim constitutes prelitigation activity that is protected under the anti-SLAPP statute. While such circumstances are described as…more
California Appellate Court upholds the long-standing rule in California that the mutual intent of the parties will always control the interpretation of potentially conflicting provisions in an insurance contract…more
After the Station Fire of August 2009, 1440 policyholder lawsuits against Farmers Insurance Exchange were consolidated into one case - Henderson v. Farmers Group Insurance. For the policyholders whose claims were denied based…more
Insurance Commissioner Dave Jones last week announced that Governor Jerry Brown has signed AB 1747. AB 1747 will require that every life insurance policy issued or delivered in this state contain a provision for a grace period…more
The Ninth Circuit for the first time addresses whether the fiduciary exception applies to insurance companies in the ERISA context. In an ERISA case, a claimant is entitled to conduct discovery regarding communications between…more
Ninth Circuit applied the Supreme Court’s ruling in CIGNA Corp. v. Amara, 131 S. Ct. 1866 (2011) wherein the high court ruled that ERISA "summary documents, important as they are, provide communication with beneficiaries about…more
This case is the latest case from the Court of Appeals to invalidate arbitration provisions by health service plans governed by the Knox-Keene Act…more
This case highlights a claimant's remedies when a claims administrator/insurer does not follow the applicable ERISA deadlines…more
Plaintiffs can assert punitive damage claims against health care service plan without first obtaining court approval and will therefore have an easier time holding such entities liable for their actions…more
California Court of Appeal in Bosetti v. The United States Life Ins. Co., 175 Cal. App. 4th 1208
(2009) addressed whether a two-year benefits limitation on disability insurance payments for “mental, nervous or emotional…more
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