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Welcome to Dorian Law PC’s resources page. This is where we blog about useful tips, emerging trends, and provide thoughtful insights regarding LTD, Life, and AD&D Insurance benefits. Search for something you are interested in or check out a topic from the list below. Whatever brought you here, I hope we can make a difference.
- Abuse of Discretion
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- Denied Disability Benefits
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- Exhausting Administrative Remedies
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- Pre-existing Condition
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- Punitive Damages
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Punitive Damages for Breach of the Covenant of Good Faith and Fair Dealing Based on Reckless Disregard in California
In California, insurance companies have a duty to act fairly and honestly with their policyholders. If they don't, it's called "bad faith." Sometimes, if an insurance company acts really badly, they might have to pay extra money called "punitive damages" to punish them and stop them from doing it again. To get punitive damages, the person suing usually has to show the insurance company acted with "malice," meaning they intentionally tried to harm someone or didn't care about their rights, or with "oppression," meaning they were cruel and unjust. Just being careless or "reckless" might not be enough to get punitive damages unless it shows they really didn't care about someone's rights or safety.
What Exactly is "Accidental Death" in Insurance?
If you're facing a denied Accidental Death and Dismemberment (AD&D) insurance claim in California, Phoenix (Arizona), Seattle (Washington), Idaho, or Las Vegas (Nevada), Dorian Law P.C. can help. "Accidental death" generally means a fatality resulting directly from a sudden, unexpected, and unintentional event like a car accident, fall, or drowning, but policies exclude things like illness, suicide, and often drug overdoses. Whether your policy is governed by ERISA (federal law for employer-sponsored plans, with a mandatory appeals process and focus on "reasonable expectations," employing either a two part test or a substantial certainty test) or state law (which varies, with California focusing on unforeseen events and other states relying on policy language), insurance companies may dispute claims. Dorian Law P.C. understands these complexities, including the specific laws in your region, and will fight to secure the AD&D benefits you deserve. Contact us today for a consultation if your claim has been denied.