Sherman v. Allstate
N/AOUTCOME: Judgment for Plaintiff
a class action that led to a recovery in excess of $100 million in additional earthquake-related benefits paid to Allstate insureds.
Northridge, CA
Appeals Lawyer at Northridge, CA
Practice Areas: Appeals, Insurance, Employee Benefits
OUTCOME: Judgment for Plaintiff
a class action that led to a recovery in excess of $100 million in additional earthquake-related benefits paid to Allstate insureds.
OUTCOME: Judgment for Plaintiff
Daily Journal D.A.R. 3660 a seminal case significantly expanding the protections offered insureds under California law.
OUTCOME: Judgment for Plaintiff
District court ruling that found AT&T “abused its discretion” (took advantage of its policyholder) and wrongfully denied long-term disability benefits. The court found AT&T’s benefits termination was i ... llogical and without support in inferences that may be drawn from the facts. This was the first decision ever against the AT&T plan, and a few weeks later another decision came down against AT&T that relied on arguments and rulings Kantor made and won on behalf of other clients.
OUTCOME: Judgment for Plaintiff
Kantor argued, and the court agreed, that even though courts cannot typically overrule an insurer’s benefits decision, when a conflict exists, the court is allowed to examine the decision for abuse of ... discretion. In this case, where the insurer both determined eligibility and paid benefits, a conflict existed. The court ruled that because the insurer failed to conduct a meaningful dialogue with the plaintiff about what it would accept as evidence and also failed to conduct an independent medical investigation, it had abused its discretion in denying benefits.
OUTCOME: Judgment for Plaintiff
Federal appeals court ruled that Aetna abused its discretion and wrongfully denied the plaintiff’s disability benefits. A decision of this type, ruling on the record rather than remanding to the distri ... ct court to correct its errors, is extremely rare in ERISA litigation. The ruling ended the plaintiff’s six-year struggle with her employer’s disability plan; the ultimate victory required two trials and two appeals to the 9th Circuit.
OUTCOME: Judgment for Plaintiff
Kantor won a federal court after the defendants appealed a district court’s award of long-term disability benefits. In doing so, at both the trial and appellate level, Kantor overcame the denials of no ... t one but two disability insurers because the disability spanned the employer’s transition from one insurer to another.