Life Insurance

In many cases, what may seem like a proper denial on the face of it is improper under the law.  There are many types of life insurance that are governed by different laws.  Individual life policies are governed by state laws, which typically provide a broader array of damages for policyholders.  Most of the life policies issued through employers (e.g., key-man policies, term life and "supplemental life insurance") are governed by the Employee Retirement Income Security Act (“ERISA”) (see the “FAQs” section of our website for more information on life insurance policies, ERISA and the law applicable to them).  California law implies in every insurance contract the covenant of good faith and fair dealing, also more commonly known as insurance bad faith.  If an insurer denies an insurance claim and does so by engaging in bad faith conduct (see the “FAQs” section of our website for more information on what actions constitute bad faith), a policyholder may sue for: policy benefits due under the policy, “consequential damages” that are caused by the bad faith conduct, punitive damages, attorneys’ fees and interest at the legal rate of 10%.  As to the policies governed by ERISA, a policyholder can sue for policy benefits, attorneys’ fees and interest due on the benefits not paid.

We have had extensive experience litigating ERISA and insurance bad faith cases involving life, health and disability claims.  No attorneys in California are better suited than we are to litigate your insurance claims.  We can and will aggressively litigate your case to achieve maximum success.

Call or email us for a free consultation.