Donahue & Horrow Blog

Disability Insurance Claims

California Law Protects Insurance Policy Holders From Unreasonable Denial Of Disability Claims

Los Angeles Denied Disability Insurance Claims Attorney

If you have disability insurance, and suffer an unexpected accident or illness and could not return to work you might expect all you have to do is have a doctor verify your disability, file a claim, be approved, and start receiving disability benefits. You rest easy, believing you are covered in case you are disabled.

 

Unfortunately, for many who suffer a disability — even a disability that has been medically proven, initial claims are more often denied than approved. This sounds like a terribly unfair situation, and until 2012, it was legal for insurance companies to simply deny your claim based on “discretionary clauses” that allowed an insurer to claim a policyholder was not disabled and, therefore, was not entitled to their benefits. This sort of disability insurance claim practice was entirely legal – and unfortunately all too common in the state of California, and so in the fall of 2011, California passed a law outlawing “discretionary clauses” in disability and life insurance policies.

 

The law went into effect on January 1, 2012. In a press release, Insurance Commissioner Dave Jones championed the move saying that the prohibition “levels the playing field and gives consumers an even chance to prove that they are entitled to disability and other insurance.” While this was an important step in protecting the rights of the insured, it has not stopped insurance companies from unfairly denying disability insurance claims.

 

The Law Is On Your Side, But Insurance Companies Still Unfairly Deny Disability Claims

Insurance companies defended the use of discretionary clauses as a means to help root out fraud and keep premiums low, however, insurers abused this power and routinely used clauses to deny valid claims. You might think that taking this power away from insurance companies means that all claims are not decided purely on the basis of whether or not your doctor has proven your disability, but the new law does not mean that insurance companies will always act in their insured’s best interest, it only limited one way in which they unfairly denied disability claims.

 

Experienced El Segundo Insurance Bad Faith Law Attorneys

Serving Los Angeles, Orange, San Bernardino County, and all of California

If you or a loved one has had a claim denied by your insurer, contact an experienced insurance law attorney who can help you get the coverage you paid for. Don’t trust your insurer’s decision if you believe that you are disabled and don’t accept a denied claim as the final word. Your insurance company must have a valid reason to deny your claim, and if they have unfairly delayed, denied, or underpaid on a disability claim you need an experienced lawyer to hold them accountable.

 

With more than 50 years of insurance law experience, we help disability insurance policy holders in Los Angeles, San Diego, Sacramento and throughout all of California. No matter where you are located in California, we are here to help you get the disability benefits you deserve.

 

At the law firm of Donahue & Horrow, we specialize in dealing with illegal insurance company practices and insurance bath faith claims. Contact our law offices today for a free, no obligation consultation and learn more about how we may be able to help you get the full benefits you are entitled to, and, if your insurance carrier has committed bad faith, you may be entitled to seek additional damages for having your claim unfairly denied.