Articles

Doctors should determine medical necessity, not insurance companies

By William M. Shernoff and Samuel Bruchey

William Shernoff and Samuel Bruchey discuss the issue of medical necessity and how insurance companies make decisions for patient care as opposed to doctors.

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Handling under-insurance cases against insurance companies, agents and brokers

By Ricardo Echeverria

Dealing with under-insurance requires a careful analysis of the facts that led to issuance of the policy. This article explains how to handle an under-insurance case. From The Advocate.

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Punitive damages: what do I need to do, when and how do I prove it?

By Michael J. Bidart & Ricardo Echeverria

Obtaining a favorable verdict that includes punitive damages will depend largely on the individual facts of each case.This article addresses general techniques that can be used in the closing argument of the punitive damage phase. From The Advocate.

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Do’s and dont’s for retainer agreements: You can’t do it on a handshake

By Ricardo Echeverria & Jamie Greene

After spending hours, months, sometimes even years working on a case, the last thing you want to worry about is not being compensated. From The Advocate.

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Develop evidence of “potential” harm

By Michael J. Bidart & Ricardo Echeverria

An examination of the ratio between punitive damages and the actual or potential damages caused according to the Campbell Court. From The Advocate.

 

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Holocaust-era litigation against Generalii: Alive and well in California

By William Shernoff & Evangeline F. Garris

A description of the lawsuit against Assicurazioni Generali S.P.A., one of the world’s largest insurance companies, involving holocaust era insurance policies. From Risk Transfer.

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Discover the key to HMO bad-faith cases

By Michael J. Bidart & Ricardo Echeverria

Plaintiff lawyers must have a sound approach to discovery in order to effectively litigate bad-faith cases against health-maintenance organizations (HMOs). From Trial magazine.

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Punitive damages in insurance bad-faith cases after State Farm v. Campbell

By Michael J. Bidart & Douglas M. Carasso

Despite what you may have heard, the United States Supreme Court’s decision in State Farm Mutual Automobile Insurance Company v. Campbell is not the death knell for punitive damages in California insurance-bad-faith cases. From Los Angeles Daily Journal.

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Punishing patterns of misconduct

By William Shernoff and Joel Cohen

In recent years, courts have turned frequently to Supreme Court discussions of punitive damage calculations, most notably State Farm Mutual Insurance Co. v. Campbell and Philip Morris USA v. Williams.

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Sickly abodes: As mold continues to spread, homeowners should know fungus is not always covered

By Michael J. Bidart and Jamison R. Narbaitz, J.D.

It is a situation that has become all too common in recent years. A homeowner experiences water damage to his or her home. Fortunately, the homeowner has insurance, so the problem will be quickly resolved. Right? From Los Angeles Daily Journal.

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