THIS IS EXCERPT ONE FROM A LECTURE ON INSURANCE COMPANY BAD FAITH
GIVEN BY ATTORNEY SCOTT MARKS
For more information, visit the website or call 888-638-2693 today!

There are a number of key decisions and an Insurance Code statute which govern this specialized area of law and can be of great assistance to the policyholder. This covers key decision #1 of Mr. Mark’s lecture:

1. Prohibition of Post-Claims Underwriting in Disability CasesSection 10834 states in its entirety):

Postclaims underwriting
No insurer issuing or providing any policy of disability insurance covering hospital, medical, or surgical expenses shall engage in the practice of postclaims underwriting. For purposes of this section, “postclaims underwriting” means the rescinding, canceling, or limiting of a policy or certificate due to the insurer’s failure to complete medical underwriting and resolve all reasonable questions arising from written information submitted on or with an application before issuing the policy or certificate.

It is important to note there is a nearly identical provision in California’s Health and Safety Code which prohibits postclaims underwriting of health care plans. Health and Safety Code Section 1389.3 states: Postclaims underwriting-No health care service plan shall engage in the practice of postclaims underwriting. For purposes of this section, “postclaims underwriting” means the rescinding, canceling, or limiting of a plan contract due to the insurer’s failure to complete medical underwriting and resolve all reasonable questions arising from written information submitted on or with an application before issuing the plan contract. This section shall not limit a plan’s remedies upon a showing of willful misrepresentation.

Mr. Marks has achieved superior results in serious personal injury cases and is a particularly effective insurance bad faith attorney. The Firm has assists residents throughout Southern California including Los Angeles, West Los Angeles, Encino, Woodland Hills, Sherman Oaks, Tarzana, Santa Monica, Reseda. For more information, call 888-638-2693 today!