The law in California with regard to a disability insurance claim is different than most other states. As a disability law firm that represents claimants nationwide it is the opinion of our California disability attorneys that California is a pro-claimant state. Both the State and Federal Courts in California tend to have a skeptical view of disability insurance companies. From our experience, we find that California Judges and juries are not afraid to question the actions and potential biases of an insurance company.
If you are a resident of California and would like assistance with your claim for either short or long term disability benefits, ERISA denial, long term care, life insurance or accidental death policy, then please contact us for a free phone consultation. We handle claims at all stages from application for benefits through the filing of a lawsuit. We are available to help you with any claim in the United States and you will not be required to come to our office. If we cannot assist you then we will try to refer you to someone that can. We encourage you to look around our extensive website and download our free E-brochure to learn more about our legal services.
A California Disability Lawyer’s Summary of California Disability Insurance Lawsuits
We believe it is important to provide our clients and potential clients with as much information as possible so that they gain a better understanding of the law regarding California disability insurance claims. Below you can read summaries of numerous cases in California involving both ERISA disability policies and individual disability policies. In addition we regularly update this page with information about disability lawsuits filed in California and Court opinions issued in California. Not every case listed was our law firm’s case and you must understand that the facts and circumstances of every case are different. In order to be fair and prevent any unjustified expectations we report on both good and bad cases for disability claimants.
Every ERISA disability denial lawsuit begins with one key question: does your disability insurance policy have a “discretionary clause?” This is critical because a discretionary clause gives the insurance company the ability to interpret the terms of your policy and ultimately restricts the scope of a court’s authority in reviewing a disability denial. However, even discretionary clauses have limits… continue reading
The law regulating disability insurance claims is complex and often skewed in the insurance company’s favor. A skilled disability attorney must carefully examine a denial of disability benefits to make certain that the denial is not the result of unfair insurance practices or some hidden financial motive. If a judge can be convinced that the insurance company wrongfully denied your disability claim, then the denial will be reversed and your benefits will be reinstated… continue reading
Sometimes a disability claim has no chance of succeeding because of specific policy language. But many in this situation are overcome with the emotional nature of their claim’s denial and need counsel to recognize the legal obstacles to their claim. When a disability policy is governed by ERISA and provided as an employee benefit, most employees never read their disability policy until it is time to file a claim. Unfortunately some disability policies contain language which make it very difficult to collect disability benefits… continue reading
A recurring issue in California disability cases focuses on how “total disability” is defined in private long-term disability insurance policies. Insurance companies frequently deny long term disability benefits by interpreting policy language to mean that the employee must be unable to perform any work whatsoever to receive benefits. But, fortunately, California courts do not interpret total disability clauses as strictly as insurance companies would like… continue reading
Disability insurance companies are notorious for denying disability benefits when the definition of disability changes to “any occupation”. In 1938, California established a pro-insured interpretation of what it means to be disabled and unable to perform any occupation. Most insurance companies either are unaware or intentionally fail to follow the California disability law requiring the inability to perform any occupation with “reasonable continuity”… continue reading
California Courts, Government and California Department of Insurance Information
- California Court System
Official website of the California state court system
- California Court Structure Chart
- Official government website of the State of California
Information regarding the state of California governmental entities and resources.
- Official website for California Legislative Information
- California Department of Insurance
Regulates all insurance companies that do business in California.
- United States Court Of Appeals for The Ninth Circuit
This court has jurisdiction over appeals from United States District Courts located in California, Arizona, Nevada, Oregon, Washington, Idaho, Montana, Alaska, and Hawaii.
- US District Court Central District of California
- US District Court Southern District of California
- US District Court Northern District of California
- US District Court Eastern District of California