A U.S. District court recently held that California’s prohibition on discretionary authority clauses in certain insurance policies applies to health insurance policies in a decision that has not yet been addressed by either the California Supreme Court or Ninth Circuit Court of Appeals. This ruling has the potential to make it easier for plaintiffs to recover for claims denials in court.
Certificates of insurance pose major problems for all parties – the insurance company, agents, and the insured.
Here are twelve steps to reading your insurance policy after a loss.
Contact information for the Department of Insurance for California Fire victims
When courts evaluate an insurer's denial of benefits under a group disability insurance policy under ERISA, one of two standards of review applies: abuse of discretion and de novo.
The existence of an insurable interest is essential to any insurance contract. As a general matter, an insurance policy is void unless the insured has an “insurable interest” in the subject of insurance.
Property insurance can take two different forms: open peril or named peril. Open peril policies cover all losses that are not expressly excluded.
A typical property insurance policy limits the value of the particular property insured through deductibles and policy limits for claimed losses.
Insurance policies follow the adage that “what is giveth is taketh away.” The vast majority contain broad grants of coverage in the opening pages, only to be followed by numerous exclusions several pages later.
There are two broad categories of insurance: first-party and third-party. This article explains an easy way to understand the distinction is as follows.