58 min
Live Taping w/ the Father of Bad Faith Insurance Law Ralph Nader Radio Hour
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- News
Not a lot of lawyers can say that they helped create a whole new legal field, but William Shernoff can. On this week's episode, Ralph welcomes trailblazing attorney William Shernoff to discuss predatory insurance practices, and how consumers can protect themselves. This special episode was co-presented by The American Museum of Tort Law, and was recorded in front of a live virtual audience.
William Shernoff is the founding partner of Shernoff Bidart Echeverria, a law firm specializing in insurance bad faith litigation. A longtime consumer advocate, he has made a career of representing insurance consumers in their cases against insurance companies. Often called the “father” of bad faith insurance law, in 1979, Mr. Shernoff persuaded the California Supreme Court to establish new case law that permits plaintiffs to sue insurance companies for bad faith seeking both compensatory and punitive damages when they unreasonably handle a policyholder’s claim (Egan v. Mutual of Omaha).
A frequent lecturer and writer, Mr. Shernoff co-authored the legal textbook, Insurance Bad Faith Litigation, which has become the field’s definitive treatise, as well as How to Make Insurance Companies Pay Your Claims . . . . And What To Do If They Don’t, Fight Back and Win – And How To Make Your HMO Pay Up, and Payment Refused.
Under bad faith law in California and in most states, you not only could get the benefits you deserve under the insurance policy—whether it be life insurance or disability insurance or health insurance. But you can also get damages over and above the policy limits, which are emotional distress damages…Not only can you get the emotional distress damages, but any aggravation of your medical condition. And then punitive damages are on top of that. And attorney's fees are on top of that. So all of these damages are coming from insurance bad faith if the insurance bad faith law applies. And punitive damages are designed to punish the insurance company so that they correct their wrongful conduct in the future, and deter them from unfair claims practices.
William Shernoff
Most people, if they get a letter from an insurance company—which they consider to be an authoritative source— and the insurance company says, “Your claim is denied because…” and then they cite all kinds of fine print in the insurance policy, most people accept that and don't do anything. They don't see a lawyer. They just accept what their insurance company told them because it sounded quite official to them.
William Shernoff
Insurance regulation is state-controlled. The federal government has been blocked for decades and the Congress has imposed itself on the federal Federal Trade Commission and said that they can't even investigate the insurance companies without being allowed to by a committee in the House or the Senate that has jurisdiction over such matters. So the privileges of the insurance lobby are quite extraordinary even by comparison with other corporate lobbies.
Ralph Nader
More people should know about bad-faith cases rights—and use them. And not take whatever is dealt to them by insurance companies—denials, rescission of insurance policies, refusing to renew, other delays, or other crazy obstructions. Learn about your rights.
Ralph Nader
In Case You Haven’t Heard with Francesco DeSantis
News 3/27/24
1. CNN reports the United Nations Security Council has passed a Gaza ceasefire resolution. The resolution itself is imperfect, calling only for a ceasefire during the month of Ramadan, but this watered down language paved the way for the United States to allow the resolution to pass. The U.S. has vetoed every previous ceasefire resolution before the Security Council and disputes the extent to which this resolution is legally binding. For its part, Israel’s Foreign Minister stated unequivocally that Israel “will not cease fire,” per CNN.
2. Following the passage of the Security Council resolution, Prime Mini
Not a lot of lawyers can say that they helped create a whole new legal field, but William Shernoff can. On this week's episode, Ralph welcomes trailblazing attorney William Shernoff to discuss predatory insurance practices, and how consumers can protect themselves. This special episode was co-presented by The American Museum of Tort Law, and was recorded in front of a live virtual audience.
William Shernoff is the founding partner of Shernoff Bidart Echeverria, a law firm specializing in insurance bad faith litigation. A longtime consumer advocate, he has made a career of representing insurance consumers in their cases against insurance companies. Often called the “father” of bad faith insurance law, in 1979, Mr. Shernoff persuaded the California Supreme Court to establish new case law that permits plaintiffs to sue insurance companies for bad faith seeking both compensatory and punitive damages when they unreasonably handle a policyholder’s claim (Egan v. Mutual of Omaha).
A frequent lecturer and writer, Mr. Shernoff co-authored the legal textbook, Insurance Bad Faith Litigation, which has become the field’s definitive treatise, as well as How to Make Insurance Companies Pay Your Claims . . . . And What To Do If They Don’t, Fight Back and Win – And How To Make Your HMO Pay Up, and Payment Refused.
Under bad faith law in California and in most states, you not only could get the benefits you deserve under the insurance policy—whether it be life insurance or disability insurance or health insurance. But you can also get damages over and above the policy limits, which are emotional distress damages…Not only can you get the emotional distress damages, but any aggravation of your medical condition. And then punitive damages are on top of that. And attorney's fees are on top of that. So all of these damages are coming from insurance bad faith if the insurance bad faith law applies. And punitive damages are designed to punish the insurance company so that they correct their wrongful conduct in the future, and deter them from unfair claims practices.
William Shernoff
Most people, if they get a letter from an insurance company—which they consider to be an authoritative source— and the insurance company says, “Your claim is denied because…” and then they cite all kinds of fine print in the insurance policy, most people accept that and don't do anything. They don't see a lawyer. They just accept what their insurance company told them because it sounded quite official to them.
William Shernoff
Insurance regulation is state-controlled. The federal government has been blocked for decades and the Congress has imposed itself on the federal Federal Trade Commission and said that they can't even investigate the insurance companies without being allowed to by a committee in the House or the Senate that has jurisdiction over such matters. So the privileges of the insurance lobby are quite extraordinary even by comparison with other corporate lobbies.
Ralph Nader
More people should know about bad-faith cases rights—and use them. And not take whatever is dealt to them by insurance companies—denials, rescission of insurance policies, refusing to renew, other delays, or other crazy obstructions. Learn about your rights.
Ralph Nader
In Case You Haven’t Heard with Francesco DeSantis
News 3/27/24
1. CNN reports the United Nations Security Council has passed a Gaza ceasefire resolution. The resolution itself is imperfect, calling only for a ceasefire during the month of Ramadan, but this watered down language paved the way for the United States to allow the resolution to pass. The U.S. has vetoed every previous ceasefire resolution before the Security Council and disputes the extent to which this resolution is legally binding. For its part, Israel’s Foreign Minister stated unequivocally that Israel “will not cease fire,” per CNN.
2. Following the passage of the Security Council resolution, Prime Mini
58 min