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Is Oregon Going to Allow Suits For Insurance Bad Faith?

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 […]

Three reasons why hiring an attorney to handle your appeal may have advantages you had not considered

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 […]

The Tide Is Turning For Insureds Seeking Coverage For Proton Beam Radiation Therapy

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 […]

How Do You Win A Bad Faith Lawsuit?

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.” […]

Can I fight a denial of my claim for life insurance benefits? How do I understand whether the insurance company had the right to deny?

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 […]

Does Your Attorney Look for Reasons to Travel Across the Country to Take the Fight to the Insurance Company?

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 […]

Don’t Let Your Claim Be Denied By A “FIBRO DENIER”

“…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 Awards

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 […]