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Hangarter v. Provident

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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.

 

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Accident Lawyer Hawaii

Law Offices of William H. Lawson
Kahala Avenue
Honolulu, HI 96816
(by appointment only)

Law Offices of William H. Lawson
Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813

New client hotline:
(808) 671-7600

Pearl City, Aiea and Waipahu:
(808) 671-7600

Main business phone:
(808) 528-2525


Directions to Honolulu office




Products Liability - Cases & Comment



Jones Act- maritime law and seaman cases



The Constitution Of The State Of Hawaii


Recent Personal Injury and Car Accident News


Some accidents happen and the victims don't know who hit them. In such cases, a negligent driver can sometimes be found through law enforcement, video cameras, and investigation. See, Woman Settles for $3 Million After Being Run Over by School Bus. In addition, in other cases, the injured parties may be able to pursue insurance coverages that are designed to fill in such gaps - such as Uninsured Motorist Insurance and/or Underinsured Motorist Insurance.





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AV Preeminent rated by Martindale Hubbell Martindale Hubbell - AV rated lawyer - Best Rating Possible Multi-Million Dollar Advocates Forum Multi-Million Dollar Advocates Forum AVVO Top Rated Personal Injury Attorney AVVO Top Rated Personal Injury Attorney, 10 of 10 ATLA Top 100 Trial Lawyers ATLA Top 100 5.0 of 5.0 top rated by Lawyers.com Lawyers.com - Rated 5.0 out of 5.0 - Top Rating Possible National Trial Lawyers - Top Lawyer National Trial Lawyers - Top 100 Trial Lawyers Million Dollar Advocates Forum Million Dollar Advocates Forum American Society of Legal Advocates - Top 100 - 2017 American Society of Legal Advocates - Top 100 - 2017 Marquis' Who's Who 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 AVVO Clients' Choice Personal Injury Lawyer Expertise - Best Car Accident Lawyers in Honolulu 2019 Expertise - Best Car Accident Lawyers in Honolulu 2019 Best Attorneys in America - Life Charter Member Best Attorneys in America - Life Charter Member


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Accident Attorney - Personal Injury Lawyer Hawaii

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