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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
- Accidental Death Insurance (AD&D)
- Attorneys' Fees
- Bad Faith
- Breach of Fiduciary Duty
- Case Review Corner
- Costs
- Denied Disability Benefits
- Disability Insurance
- Duty to Cooperate
- ERISA
- ERISA Preemption
- Exhausting Administrative Remedies
- Fibromyalgia
- Hiring an Insurance Lawyer
- Individual Disability
- Interpleader
- Legal Ethics
- Life Insurance
- Long Term Disability
- Long Term Disability Insurance
- Long-COVID
- Lupus
- ME/CFS
- Pre-existing Condition
- Provider Reimbursement
- Punitive Damages
- Sedentary Work
- TBI
- Taxes
- Unum
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.
Case Review Corner: Navigating the Labyrinth of ERISA Beneficiary Disputes
What happens when an insurance company needs the court's help to determine the rightful beneficiary of an ERISA life insurance policy? Our analysis of MetLife v. Seidenfaden provides insight into this process.
Case Review Corner: When "Oops, We Forgot!" Costs the Insurance Company (Maybe)
What happens when a life insurance company takes your money for years but forgets to check if you actually qualify for the coverage? Ever paid for something you didn't get? Can life insurance be like that, but with way more at stake? Let’s explore these questions and the potential consequences for the insurer. In this Case Review Corner, we find out how United of Omaha might have to answer for taking premiums for coverage that might not have existed!