Long-Term Disability Insurance vs Short-Term Disability Insurance Explained

Disability insurance provides financial security and peace of mind to those looking for additional protection if they can no longer work due to an injury or disabling illness. Americans suffer chronic and debilitating illnesses more and more every year. These injuries and ailments can dramatically impact a person’s ability to work. Thus, many workers have […]

Types of Life Insurance Exclusions

Life insurance provides a financial safety net for surviving family members when someone dies unexpectedly. Life insurance proceeds must be paid to the beneficiaries in a timely manner. But there are circumstances which can excuse an insurance company from the obligation to pay benefits. The person on whose life the insurance policy is underwritten has […]

Fiduciary Duty to Shareholders Explained

The directors of a corporation owe shareholders a fiduciary duty to act in their best interests. This duty allows shareholders to safely and securely finance a corporation and its business goals while ensuring their capital investment is safe. With a prescribed fiduciary duty, shareholders would be more likely to engage in this commercial activity, providing […]

3 Examples of Breaches of Fiduciary Duty

Fiduciary describes a relationship where one party has been entrusted to act on behalf of another party for business or personal reasons. The party acting as a fiduciary is legally required to act with the utmost integrity in all dealings and cannot do anything to jeopardize the interests of the party being represented. Fiduciary relationships […]

Grounds for Suing a Business Partner

Being a business partner requires individuals to rely heavily on others to share in the common goals of a business by carrying a portion of the weight, contributing to new ideas, and trusting that each person is looking out for the best for their partner. But for many reasons, partnerships can take a turn, with […]

What Happens if You Break a Non-Compete

Working in some Texas industries can involve handling proprietary information or ground-breaking research, which employers need to protect. One of the ways they do this is by having employees sign non-compete agreements to prevent workers from sharing their secrets with other companies. These contracts are usually part of your standard employment agreement, but what impact […]

Insurance Denials for Proton Therapy Treatment for Cancer Patients

Many patients who are receiving treatment for cancer may pursue proton therapy. This recent development in radiation therapy uses protons instead of X-rays. Since X-rays are known to put patients at risk of additional illnesses, proton therapy is extremely promising with fewer side effects. However, the availability of this treatment is limited to only a […]

Are Non-Compete Agreements Enforceable in Texas?

Many employees must sign non-compete agreements with their employer as a condition of their employment. Despite the Biden Administration’s stated intent to ban these agreements, and the Federal Trade Commission’s proposed rule doing so, many workers are still subject to the terms of these agreements within their employment contracts. The answer to whether or not […]

Can Insurance Companies Deny Cancer Treatment?

The answer to the question of “Can insurance companies deny cancer treatment?” is often different from the answer to the question of “Do insurance companies deny cancer treatment?” Although federal law often prohibits insurance companies from denying certain vital cancer treatments, patients are often forced to fight for coverage. In some cases, patients may even […]

Commercial Litigation Review

Mr. Raval, a Partner with Berg Plummer Johnson & Raval Law Firm, is the “Absolute” very best in class. Mr. Raval represented and won my/our case against a Top Oil Company in America. After filing suit, a month later we settled. I encourage “All” who need the “best professional representation” in an LTD issue to […]

Update on Federal Efforts to Ban Discretionary Clauses in all ERISA Cases

Mental Health Matters Act Advances to Senate In May, the Employee and Retiree Access to Justice Act (H.R. 7740) was introduced in the U.S. House of Representatives. The bill seeks to ban discretionary clauses in all employer-sponsored benefit plans governed by ERISA. If passed, this federal ban on discretionary clauses would return ERISA cases to […]

Why Government Plans Are Exempt From ERISA

If you have been denied benefits provided through an employer-sponsored plan, your claim will generally fall under the Employee Retirement Income Security Act (ERISA). ERISA is a federal law that governs most employee benefit plans. While ERISA was originally enacted to safeguard employees’ retirement and pension benefits, its reach and scope has been expanded over the years. […]

Congress Considers Total Ban on Discretionary Clauses in ERISA Plans

Earlier this month, the Employee and Retiree Access to Justice Act (H.R. 7740) was introduced in the U.S. House of Representatives. A companion bill was also introduced in the Senate as S. 4219. The bill seeks to ban discretionary clauses in all employer-sponsored benefit plans governed by ERISA. If passed, this federal ban on discretionary […]

Las Vegas Jury Awards $200M Against Sierra Health, Subsidiary of UnitedHealthcare

Earlier this month, a Las Vegas jury awarded the family of a man who was wrongly denied health insurance coverage a $200 million civil verdict against Sierra Health and Life Insurance. William George “Bill” Eskew was diagnosed with lung cancer in 2015. Mr. Eskew and his wife purchased a health insurance policy from Sierra Health […]

Breast Cancer Survivor Sues Blue Cross Blue Shield for Wrongful Denial of Cancer Treatment

We are proud to represent clients against Blue Cross Blue Shield of Texas when it wrongly denies proton beam radiation therapy for cancer. This is because regardless of medical necessity, BCBS has a uniform policy to deny proton therapy treatment and force insureds to seek suboptimal treatment. Our client seeks to hold BCBS responsible for […]

Health Insurance Claim Denials: Aetna Doesn’t Review Medical Records

Recently, in a California insurance lawsuit involving the wrongful denial of health insurance benefits to a 19-year old claimant suffering from a rare immune-system disorder, a former medical director at Aetna (the defendant health insurer) admitted under oath to having never reviewed patient medical records when determining whether to deny health insurance claims. The testimony […]