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Insurance Bad Faith

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.

There are many types of employee benefits that fall under ERISA bad faith law, including the following:

Bad Faith Litigation

A bad faith lawyer helps clients with the following:

  • Evaluating their rights based on their insurance policy
  • Determining whether they have a viable case against an insurance company
  • Determining the laws applicable to the case: state bad faith law or ERISA
  • Identifying and organizing documentation pertinent to the case
  • Identifying the errors, intentional or otherwise, the insurance company made when denying claims
  • Pursuing benefits and compensation based on the applicable laws

ERISA cases require special handling. Experienced bad faith denial attorneys can help insured individuals through this complex process. Kantor & Kantor, LLP bad faith denial attorneys help insureds file the claims necessary to prove they deserve benefits. If the plan's administrator denies your claim, our attorneys can help you to appeal and seek the benefits to which you are entitled.

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

Call us for a free consultation if you think your insurance company has breached their duty of good faith and fair dealing. Call (818) 886-2525!

What Sets Us Apart?

  • Free Case Consultations Provided
  • 160+ Years' Collective Experience
  • Thousands Of Cases Successfully Handled
  • You Don't Pay Us Unless We Recover Your Claim
  • Selected For Inclusion In The List Of Super Lawyers®

Client Testimonials

  • First of all, I want to express my extreme gratitude for probably saving my daughter's life.

    “First of all, I want to express my extreme gratitude for probably saving my daughter's life. By staying in treatment, the improvement is remarkable. She had been in eating disorder facilities many times, and treatment had been interrupted repeatedly by Anthem Blue Cross's denying benefits. Many of the health professionals were telling me that maybe my daughter was a hopeless case. You both gave me hope. She is still struggling with some residual issues around eating, but the change in her attitude, her ability to assess her own recovery, and her wish to live instead of to die, is evident in her life. Now she is back in school, after years of having her education disrupted by the eating disorder. She goes places with friends, and even goes out to restaurants for fun! This year marked the first holiday season for many years, when she had not been in a treatment facility. Other people gave up and you didn't. I can't thank you enough. You took the action that was necessary to keep my daughter in treatment long enough for it to work.”

    Anonymous

  • Thank God for Kantor & Kantor.

    “Thank God for Kantor & Kantor and Denise Anderson. I appreciate everything you do!”

    Stephen Schaffer

  • I've already mentioned your firm to my family and friends and how wonderful you have been treating me.

    “I've already mentioned your firm to my family and friends and how wonderful you have been treating me. Hopefully I will not ever have the need to refer someone to you because that would mean they would be in a similar situation as myself. But, if that were to ever happen, I would absolutely refer them to your company.”

    Linda P.

  • the arguments you made on our behalf at the mediation resulted in a more positive outcome for our case than we could have otherwise expected.

    “We appreciate that you found merit in our case, and that you were both willing and able to be present at the mediation. We believe that the arguments you made in our favor to the mediator were able to influence the outcome towards resolution that we could feel satisfied with. In the end, we believe that your counsel, your support, and the arguments you made on our behalf at the mediation resulted in a more positive outcome for our case than we could have otherwise expected. Throughout you were always professional, but direct and clearly firm on our position. We thank you for your efforts to resolve our dispute to our satisfaction, and wish you continued success.”

    Mara T.

  • I won the appeal.

    “Hi Glenn- This is a very belated thank you for your generous assistance and advice last summer, when I was appealing UBH's decision for my son. I won the appeal, at least for care at the partial hospitalization level (they wouldn't budge on residential, but the facility was accepting the partial care reimbursement for residential treatment). But the appeal was a great moral victory, and I think it's a great thing to have in the record, just in case he needs to go for treatment again. Thanks again for your generous help, I was very grateful for it. Wishing you a most happy Thanksgiving.”

    Terry S.