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BOARD CERTIFIED & DIPLOMAT

Laurence F. Padway is Board Certified in Civil Trial Advocacy by the NBTA, and a Diplomat of the ATLA. The National Board of Trial Advocacy (NBTA) is a non-profit organization is dedicated to bettering the quality of trial advocacy in our nation's courtrooms and assisting the consumer of legal services in finding experienced and highly qualified trial lawyers. The ATLA is a group of plaintiffs' attorneys involved in workers' compensation litigation founded by the NACCA. Their devotion to securing strong representation for victims of industrial accidents soon attracted admiralty, railroad, and personal injury lawyers.

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Discretionary Clauses

Were You Denied Disability Benefits Through an Insurance Company's Arbitrary or Capricious Decision?

Although discretionary clauses have been outlawed in California and some other states for new disability insurance policies, there are still some older insurance policies that contain them.

Discretionary clauses in disability insurance policies give the carrier leeway to throw out a policy in order to avoid paying a claim.

A discretionary clause effectively gives an insurance carrier a blank ticket to deny a claim for reasons that may not be apparent to people outside the insurance company. Call or e-mail the Law Offices of Laurence F. Padway in Alameda to schedule a consultation regarding your disability insurance claim.

The task of a disability claim appeals attorney is to demonstrate that an insurance carrier has acted in an arbitrary and capricious manner when the carrier denied a claim for benefits. California courts have ordered at least one insurance company to remove discretionary clauses from disability insurance policies. Nonetheless, insurance companies may seek to retain or apply discretionary clauses, perhaps hoping to remain unchecked in light of new developments in this area of disability insurance law in California.

Detection of discretionary clauses in disability insurance policies is a prime example of why it is important to talk to a lawyer when your disability claim has been denied.

Attorney Laurence Padway in the Bay Area has devoted his career to knowledge and application of disability insurance on behalf of disabled people whose claims have been denied. He typically accumulates at least 100 hours of continuing legal education each year, far more than what is required or typical of attorneys in general. His up-to-date understanding of disability insurance law is a valuable resource for clients of the Law Offices of Laurence F. Padway.

Making Insurance Companies Pay Your Claim the Way You Paid Your Premium

You have paid premiums faithfully. Or your employer did. Now you have a legitimate disability claim, and your insurance carrier has used a "discretionary clause" as a pretext by which to deny your claim.

At the Law Offices of Laurence F. Padway, we compel disability insurance companies to make good on their own policies. Call or e-mail the law firm to schedule a consultation regarding your disability insurance dispute in Northern California.