California Insurance Litigation Blog

California Insurance Litigation Blog

Category Archives: Administrative Record

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Fighting An Insurance Claim Denial Will Often Pay Off

Posted in Administrative Record, ERISA, News
It will not be surprising to many readers of this blog that insurance companies often deny life insurance, health insurance and disability insurance claims.  Many times, insurance companies are wrong in their decisions.   And, sometimes they acknowledge their mistakes.  The question becomes: what are the odds of an insurance company changing its mind and reversing … Continue Reading

Submission of the Claim File: Seal or Redact?

Posted in Administrative Record, Discovery, ERISA, Legislation, News
For most insurance litigation, the majority of the evidence used by both sides comes from the claim file, also known as the administrative record in ERISA cases.  The claim file represents the insurance carrier’s written record of its handling and processing of an insurance claim.  Obviously, this information is highly relevant whenever coverage or a … Continue Reading

Under Abatie, Discovery of Profitability Reports is Not Allowed

Posted in Administrative Record, Case Updates, Discovery, ERISA, News
One of the most interesting questions in ERISA litigation is: What constitutes the administrative record for purposes of determining whether the administrator abused its discretion in making a claim determination?  Bartholomew v. Unum Life Ins. Co., 579 F. Supp. 2d 1339 (W.D. Wash. 2008) helped answer this question. Plaintiff, who sued to recover benefits under … Continue Reading