Court upholds Commissioner’s Contention: A Single Insurance Code Violation Can Constitute Bad Faith Without Evidence of a General Business Practice

Posted in: Bad Faith, Insurance Bad Faith, Insurance Commissioner, Insurance Litigation Blog, Policy Interpretation, Regulations, Unfair Business Practices/Unfair Competition October 02, 2018

Every insurance policy, including disability, life, health or accidental death policies, contains an implied covenant of good faith and fair dealing between the insurance company and the insured.  This covenant requires that insurance companies refrain from acting in a way …

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National Investigation Uncovers Systemic Practice Among Life Insurers Depriving Beneficiaries of $5 Billion!

Posted in: Insurance Commissioner, Insurance Litigation Blog, Life Insurance, Social Security Administration April 29, 2016

Four years ago we blogged about Metropolitan Life Insurance Company’s (“MetLife”) inconsistent use of the Social Security Administration’s Death Master File database to deprive beneficiaries of $40 million in life insurance benefits.  See https://www.mslawllp.com/metlife-pays-40-million-to-settle-allegations-that-it-failed-to-properly-identify-and-pay-life-insur/.  That database, created by the …

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AB 387 Grants California Department of Insurance New Powers to Protect Disability Insurance Consumers

Posted in: Disability Insurance News, Insurance Commissioner, Insurance Litigation Blog, Long Term Care Insurance, News October 14, 2015

Short-term disability insurance and long-term disability insurance policies provide insurance benefits to consumers who are unable to continue working due to injury or sickness.  Such coverage can be offered as a benefit of employment by an employer (in which case, …

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Court Allows Mandamus Claim Against the California Department of Insurance Regarding Disability Insurance Dispute

Posted in: Case Updates, Disability Insurance, Disability Insurance News, Insurance Commissioner, Insurance Litigation Blog October 28, 2014

There is a commonly held belief that every disability insurance policy sold to the public has been actually reviewed and approved by the California Department of Insurance.  Indeed, California Insurance Code section 10291.5 requires the Insurance Commissioner to reject a …

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CIGNA Forced to Re-evaluate Long-Term Disability Insurance Claims Handled Between 2008 to 2010, and Set Aside $77 Million to Pay Previously Denied Claims

Posted in: Disability Insurance, Disability Insurance News, Insurance Commissioner, Insurance Litigation Blog June 03, 2013

Following an investigation conducted by the California Department of Insurance via a market conduct examination, as well as insurance regulators from Connecticut, Maine, Massachusetts and Pennsylvania, CIGNA and these states’ insurance regulators, reached a settlement over its improper handling of …

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