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Property Damage Recovery for Partial Loss Can Exceed the Fair Market Value

August 7, 2017

California has codified how to calculate what an insurance company must pay as policy benefits in the event of fire damage to a house under a homeowner’s insurance policy. But what happens when two provisions of the insurance code seem to conflict? In California Fair Plan Association v. Marlene Garnes, (2017) 11 Cal.App.5th 1276, the …

Checklist of Actions Following a Vehicular Collision

July 12, 2017

California, per capita, leads the nation in fatal car accidents per year. Car accidents are the fifth leading cause of death in California. Given the size of California’s population, and the high prevalence of car usage, it is not surprising that California has a high number of car accident death. Preventative measures, many of which …

California Court Reigns In The Genuine Dispute Defense

June 21, 2017

When insurance companies are sued for insurance bad faith, also known as breach of the implied covenant of good faith and fair dealing, they often defend against the bad faith claim by arguing that, even if they were mistaken in their handling of a claim, they were not unreasonable. Because “reasonableness” is the standard an …

California Disability Claims Accrue When Disability Ends Under ERISA

May 15, 2017

A recent decision by a federal district court sitting in Los Angeles is a major victory for insureds in California who submit a late claim after the onset of disability, and are denied benefits on that ground.  This adds to another recent decision upholding a California statute, Orzechowski v. Boeing Co. Non-Union Long-Term Disability Plan, …

Ninth Circuit Affirms De Novo Review In California Of ERISA Disability Insurance Denials

May 12, 2017

On May 11, 2017, in Orzechowski v. Boeing Co. Non-Union Long-Term Disability Plan (C.D. Cal. 2017) — 2017 DJDAR 4376 –, the Ninth Circuit Court of Appeals delivered an important victory to insureds in California who have been denied disability benefits under an insurance plan governed by the Employee Retirement Security Act (ERISA). Orzechowski upholds …