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.
Mediation works - so we use it regularly. In Providence, R.I., in 2014 eight female aerialists doing a hair-hang act 20+ feet above the ground were severely injured when the metal frame supporting their act collapsed hurtling them to the floor. They recently obtained a total combined settlement of $52.5-million through mediation of their claims See, Eight severely injured aerialists recover $52.5-million settlement through mediation.
Awards and Honors
Martindale Hubbell - AV rated lawyer - Best Rating Possible
Multi-Million Dollar Advocates Forum
AVVO Top Rated Personal Injury Attorney, 10 of 10
ATLA Top 100
Lawyers.com - Rated 5.0 out of 5.0 - Top Rating Possible
National Trial Lawyers - Top 100 Trial Lawyers
Million Dollar Advocates Forum
American Society of Legal Advocates - Top 100 - 2017
Marquis' Who's Who in the World, Who's Who in America and Who's Who in American Law
AVVO Clients' Choice Personal Injury Lawyer
Expertise - Best Car Accident Lawyers in Honolulu 2019
Best Attorneys in America - Life Charter Member
Click on a box below to choose one of our 4 menus:
There is NO CHARGE for sending your case information to our law firm.
The information provided on this website is preliminary
and informational ONLY. It is not legal advice. The use of our
webpages does not establish an attorney-client
relationship. This website is copyright
1999-2020 and the contents of this website are the property of
Personal Injury Attorney William H Lawson. The Terms and Conditions of Use for this website and
here for your consideration. All rights reserved.