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Insurance Defense

DunbarMonroe serves as defense counsel for insurance companies and their insureds statewide.  We also provide timely and succinct coverage opinions to primary and excess insurance companies and, when necessary, litigate declaratory judgment actions in state and federal courts across Mississippi. DunbarMonroe also serves as counsel to insurance carriers on a first party basis to advise and defend those carriers where claims of bad faith have been alleged. More

INSURANCE CASES



[07/03] State Comp. Ins. Fund v. WCAB
The California Supreme Court finds that the Legislature intended to require employers to conduct utilization review when considering requests for medical treatment, and employers may not use Labor Code section 4062 as an alternative method for disputing employees' treatment requests.

[07/02] Sgro v. Danone Waters of N. Am., Inc.
In an ERISA action arising from a denial of plaintiff's claim for disability benefits, dismissal of plaintiffs' claims is affirmed in part and vacated in part where: 1) dismissal of state law claims was proper as defendant's disability plan is governed by ERISA, but the dismissal should have been without prejudice; 2) a California insurance regulation does not require defendants to reimburse plaintiff for the cost of copying the medical records that defendant-insurer/administrator requested, as that regulation is preempted by ERISA; 3) defendants did not violate ERISA's regulation on "claims procedures" by requiring documentation from plaintiff regarding his claim; and 4) a remand was required in part as to dismissal of a claim that defendants violated ERISA section 1132(c)(1) for failing to turn over certain documents.

[07/02] Wakkinen v. UNUM Life Ins. Co. of Am.
In an ERISA action, summary judgment for defendant upholding its denial of long-term disability benefits under an employer-offered plan is affirmed where substantial evidence supported plan administrator's finding that claimant was not "continuously disabled" through the 180 days of his elimination period as defined within the policy in dispute.

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INSURANCE NEWS



[07/02] UnitedHealth cuts 4,000 jobs and 2008 outlook

[06/26] Fidelity: $85k needed for long-term care costs

[06/25] Insurer wants to sell wind, flood coverage in 1 policy

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Insurance Defense More


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