Private Disability Insurance
If you personally purchased a long-term disability policy and the insurance company has failed to pay you the benefits you are entitled to, we can help you receive the benefits you deserve. Unlike ERISA claims, state law governs private disability claims.
This means that the standard for documenting the file and proving your claim is different than ERISA claims, and most actions will be filed in California Superior Court. We have experience litigating these cases throughout California in both the Superior Court and the Court of Appeals. Regardless of the type of claim involved, it is important that you document your file at all stages of the claims process.
State law normally applies to these types of cases, so you are entitled to a trial by jury and can seek recovery for compensatory and punitive damages, as well as policy benefits, interest, and attorney fees. Depending on the degree of the wrongful conduct by your insurance company, you are entitled to present testimonial and documentary evidence of your disability and the defendant's bad faith conduct.