Life, Health and Disability Insurance Blog
"Covers both ERISA and non-ERISA issues with a special emphasis on California law and the 9th U.S. Circuit Court of Appeals. The goal of this blog is to become a resource for clients and attorneys by providing legal commentary, articles, news and regular law updates as they relate to disability, life and health insurance law, including bad faith, punitive damages and securities law issues."
Author: Robert J. McKennon and Jenny H. Wang are partners at Barger & Wolen in Newport Beach, Calif.; Martin E. Rosen and John M. LeBlanc are partners in Los Angeles; Scott E. Calvert and M. Scott Kolleris are associates in Newport Beach; and Misty A. Murray is an associate in Los Angeles.
Blawg Related Categories: Benefits/ERISA • Disability Law • Health Law • Insurance Law • 9th Circuit Court • States • California • Associate • Partner
Recent Posts from Life, Health and Disability Insurance Blog
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California Appellate Court Affirms Trial Court's Order Holding Putative UCL Class Should Not Be Certified
In a decision published October 26, 2009, a unanimous panel of the Fourth Appellate District, Division Three, affirmed the trial court’s order denying class certification in a case handled by Barger & Wolen, Kaldenbach v.…
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The U.S Supreme Court's Iqbal Opinion to Get Congressional Airing
Ashcroft v. Iqbal, 556 U.S. ___, 129 S.Ct. 1937 (2009), the 5-month-old U.S. Supreme Court decision that has made federal pleadings standards much more stringent, will get a Capitol Hill airing on Tuesday October 27,…
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No More Gender Rating in California
The practice of paying different rates based on gender for the same insurance is called gender rating. Effective January 1, 2010, health insurance companies and HMO's writing insurance in California will not be able to charge…
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House Committee Votes to Strip Health Insurance Industry of Exemption from Federal Antitrust Laws
As reported by the Associated Press today, a House committee has voted to strip the health insurance industry of its exemption from federal antitrust laws as senators announced plans to take the same step. The House…
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Will Healthcare Reform Affect the Rate of Claim Denials?
On Monday October 19, 2009, Lisa Girion of the Los Angeles Times reported on the healthcare reform bills being debated in Congress and their potential impact on claim denials by insurers. Girion states that, “Despite…
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Better Late Than Never: California Finally Enacts State's First STOLI Legislation
More than a year after vetoing Senate Bill 1543 and vowing to work to pass similar legislation “quickly,” California Governor Arnold Schwarzenegger signed Senate Bill 98 into law on October 11, 2009. As the rejected…
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Council for Disability Awareness Follows Approvals of Disability Claims by the SSA and Private Disability Insurers
Allison Bell of the National Underwriter reported on September 11, 2009 that approved disability claims rose more quickly in 2008 at the Social Security Disability Insurance program than at private disability insurers. She explained that…
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Proposed Amendments to Health Care Reform Criticized By Insurance Industry
Out of the hundreds of potential amendments to the health care reform bill currently before Congress, two amendments in particular have drawn the attention of the insurance industry. Arthur Postal with the National Underwriter discusses…
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An Insurance Agent Who Portrays Herself As Expert Owes a Heightened Duty of Care to the Insured
In Williams v. Hilb, Rogal & Hobbs Insurance Services of California, Inc., __ Cal. App. 4th __, 2009 WL 2872403 (September 9, 2009), the court held that an insurance agent who portrays herself as having…
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Claims by Health Care Provider Against Employer Not Preempted by ERISA When Claims Arise From an Oral Contract Separate From ERISA Plan
In Marin General Hospital v. Modesto & Empire Traction Co., ___ F.3d. ___, 2009 WL 2882832 (9th Cir. 2009), the Ninth Circuit Court of Appeals considered whether section 502(a)(1)(B) of ERISA completely preempted state-law causes…