Insurer's Beware! Insurers who insist on using biased medical examiners in an effort to routinely deny insurance benefits to injured people should consider Hangarter v. Provident Life and Accident Ins. Co., 373 F.3d 998, 1010-1011 (9th Cir. 2004). In that recent case the 9th Circuit Court of Appeals noted that Provident had used the same medical examiner at least 19 times over the past 5 years. Moreover, in 13 of 13 claims for disability insurance coverage the medical examiner rejected the total disability claim each time. The Court asserted that the repeated use of a biased medical examiner overcomes any presumption that a carrier's denial of a claim is a "genuine dispute". Instead such a practice constitutes evidence of bad faith on the part of the carrier and may give rise to an independent cause of action against the insurance carrier.
Toddler at daycare injured in a dog attack in Riverside County, California. The injured infant received 180 stitches on her face, arms and stomach. It happened at a home being used as a daycare center on the mainland. The dog involved was a pit bull - which is probably the most dangerous breed of dog to humans. See, Pit bull attacked girl inside Hemet day care center
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