James McFall has been providing coverage advice (i.e. interpretation and application of policy language) and opinions to his clients for over 30 years. He has assisted both policy holder and insurance companies with claims analysis, claims management, policy interpretation, and indemnity obligations. His opinion work has included policy interpretation, defense obligations, and analysis of exclusionary language.
Mr. McFall also has over 30 years’ experience litigating in both California and Federal Trial Courts. He has successfully argued insurance matters before the California Appellate Courts as well as the Federal Ninth Circuit Court of Appeals.
Most Americans obtain their Health Insurance or Disability Insurance through the workplace. Insurance companies may feel freer to take more aggressive coverage positions when insurance is procured from the workplace because State laws designed to protect consumer rights may be superseded by Federal Law (ERISA Preemption). When ERISA (Employee Retirement Income Security Act) applies, policy holders/consumers are barred from suing their insurers for Bad Faith and instead are limited to the benefits provided by ERISA. Mr. McFall helps clients protect their rights and obtain the policy benefits due under ERISA. In particular, he assists them in navigating through the carrier’s byzantine appeal processes and if required litigate the matter in the appropriate court.
Law Offices of James A. McFall 