Oregon to date has declined to recognize first-party bad faith claims against insurers, and only allowed tort claims against an insurer in limited circumstances where a special relationship existed between insured and insurer. This means that in Oregon, first-party claims against insurers have been limited to contract damages and not allowed the recovery of extra-contractual […]
Suppose you are appealing the denial of your insurance benefits. In that case, there is a greater chance that you will end up in litigation with the insurance company. That is simply a fact. Of course, a well-presented appeal makes litigation less likely, but it still happens. After all, it is difficult to convince an […]
Proton Beam Radiation Therapy (“PBRT”) is a type of radiation cancer treatment. PRBT delivers a beam of protons directly to the cancerous tumor causing less damage to surrounding healthy tissue. Traditional radiation therapy provides for a less targeted approach, damaging surrounding tissue and causing greater side effects. Insurers have been reluctant to approve PRBT claiming […]
What is bad faith? In many states, including California, Washington, Arizona, Nevada and Colorado, when your insurance company breaches their contract with you, it could potentially be more than a breach of contract. It could also be a breach of the implied covenant of good faith and fair dealing, which is known as “bad faith.” […]
Life insurance is one of those things we buy because we want the peace of mind that comes from knowing those we leave behind will be financially protected or buffered if something terrible should happen to us. But more often than you might think, insurance companies find ways to deny claims for life insurance benefits!In […]
Have you ever taken a minute to check on the funds offered in your employer’s 401(k) plan, or the administrative fees paid to outside vendors to manage it? If not, you should; hundreds of lawsuits have been filed against all types of companies by their employees alleging that their company’s 401(k) plan charges excessive administrative […]
Kantor and Kantor does.This is the story of how Kantor and Kantor got a Federal Judge to change his mind after five years of litigation.In October 2021, a decision came out in the United States District Court for the Northern District of Georgia (Atlanta Division). After almost five years of litigation, the Federal Judge ruled […]
“…Fibromyalgia is a disorder characterized by widespread musculoskeletal pain accompanied by fatigue, sleep, memory and mood issues. Researchers believe that fibromyalgia amplifies painful sensations by affecting the way your brain processes pain signals. Symptoms sometimes begin after a physical trauma, surgery, infection or significant psychological stress. In other cases, symptoms gradually accumulate over time with […]
Courts Are Right To Reject Insurer ERISA Attorney Fee AwardsBy Elizabeth Hopkins, Partner at Kantor & Kantor, LLPExpert Analysis – OpinionAs the U.S. Supreme Court has often recognized, the Employee Retirement Income Security Act is remedial legislation that is primarily intended to protect plan participants and beneficiaries, promote their interests and ensure that they receive the benefits they […]
The State Of Article III Standing In ERISA CasesBy Elizabeth Hopkins, Partner at Kantor & Kantor, LLPExpert AnalysisMore than a year after the U.S. Supreme Court’s June 2020 Employee Retirement Income Security Act ruling in Thole v. U.S. Bank, it is fair to ask whether lower courts have heeded the justices’ admonition and made sense of […]
