Insurer’s Declination of Coverage

In this article, an Orange County insurance litigation attorney outlines the consequences to an insurance company when they refuse coverage to or rescind coverage from an insured. Consequences Insurance companies are put to considerable inconvenience if they refuse coverage, which is why it does not happen very often. By denying coverage, they invite legal proceedings that can…

Read More

Insurers banned from including discretionary clauses in disability policies

Recently, the state passed legislation which prevents insurance providers from including discretionary clauses in disability insurance policies. In 2010, the U.S. Supreme Court ruled that states have the right to chose whether or not discretionary clauses are prohibited. A discretionary clause allows an insurer to dispute any medical evidence of a claimants disability and gives…

Read More

N. CA judge rejects insurer’s motion to dimiss

Continental Casualty Co. was recently ordered to provide a defense for one of the companies they insured for several years after U.S. District Judge Susan Illston of the Northern District of California rejected their motion to dismiss. Former owner of West Coast Scrap Producers Inc., Richard L. Bradley, filed a declaratory judgement against the insurer…

Read More