California State law applies to all insurance contracts entered into with California residents (unless preempted by E.R.I.S.A.) Implied in every California insurance policy there is a "duty of good faith and fair dealing." This duty precludes the insurance company from doing anything to deprive an insured person of the benefits and/or protection provided in the policy. Unreasonable conduct by the insurance company in denying or failing to adequately investigate a claim may constitute a violation of the implied duty of good faith and fair dealing.

An integral part of an insurance company's duty is to diligently seek out evidence that supports an insured's claim. When an insurance company searches for, or relies solely upon evidence which serves to support a denial of an insured's claim, it holds its own interest above that of its insured and may be deemed to violate the implied promise to deal with it's insured in fairly and in good faith.

Kantor & Kantor understands is expert at these types of issues and can help clients realize the benefits they bargained for when they purchased their insurance protection.