On Behalf of McKennon Law Group PC | Jan 22, 2010 | Disability Insurance, Disability Insurance News, Firm News, Insurance Litigation Blog
Robert McKennon and Jenny Wang authored a DRI publication entitled “Accidental Injury vs. Sickness Provisions in Disability Policies” in September 2009.
On Behalf of McKennon Law Group PC | Jan 19, 2010 | Case Updates, Disability Insurance, Disability Insurance News, Firm News, Insurance Litigation Blog, News, Punitive Damages
The U.S. Ninth Circuit Court of Appeals has upheld an arbitration award requiring U.S. Life Insurance Co. to pay reinsurance of more than $500 million to Superior National Insurance Companies, workers’ compensation insurer in liquidation, the California Department of...
On Behalf of McKennon Law Group PC | Jan 19, 2010 | Case Updates, Firm News, Insurance Bad Faith, News, Unfair Business Practices/Unfair Competition
The California Court of Appeal recently addressed the question of whether a violation of the Unfair Insurance Practices Act can give rise to a civil cause of action under the Unfair Competition Law (“UCL”). The court answered the question in the affirmative. In...
On Behalf of McKennon Law Group PC | Jan 19, 2010 | Firm News, Health/Medical Insurance, Legislation, News
On Wednesday, the California Department of Managed Health Care (“CDMH”) is scheduled to roll out new regulations that limit HMO members’ wait times for an appointment with a physician or specialist, the Los Angeles Times reports. The rules stem from a 2002 state law...
On Behalf of McKennon Law Group PC | Jan 14, 2010 | Case Updates, ERISA, ERISA - Fiduciary Duty, ERISA - Standing, Firm News, News
Can a plan participant sue for breach of fiduciary duty when his individual account is diminished by a failure of the administrator to follow his investment instructions? The U.S. Supreme Court answered this important question in the affirmative in James LaRue v....
On Behalf of McKennon Law Group PC | Jan 14, 2010 | Firm News, News
Ashcroft v. Iqbal, 556 U.S. ___, 129 S. Ct. 1937 (2009), the 5-month-old U.S. Supreme Court decision that has made federal pleadings standards much more stringent, will get a Capitol Hill airing on Tuesday October 27, 2009. The House Judiciary Committee is scheduled...
On Behalf of McKennon Law Group PC | Jan 14, 2010 | Firm News, Health/Medical Insurance, Legislation, News
The practice of paying different rates based on gender for the same insurance is called gender rating. Effective January 1, 2010, health insurance companies and HMO’s writing insurance in California will not be able to charge men and women different rates for the...
On Behalf of McKennon Law Group PC | Jan 14, 2010 | Firm News, Health/Medical Insurance, Legislation, News
As reported by the Associated Press, a House committee has voted to strip the health insurance industry of its exemption from federal antitrust laws as senators announced plans to take the same step. The House Judiciary Committee voted 20 to 9 to repeal a law that...
On Behalf of McKennon Law Group PC | Jan 14, 2010 | ERISA, ERISA - Preemption, Firm News, Health/Medical Insurance, Legislation, News
On Monday October 19, 2009, Lisa Girion of the Los Angeles Times reported on the healthcare reform bills being debated in Congress and their potential impact on claim denials by insurers. Girion states that, “Despite growing frustration with the way health insurers...
On Behalf of McKennon Law Group PC | Jan 14, 2010 | Disability Insurance, Disability Insurance News, Firm News, Insurance Litigation Blog, News, Social Security Administration
Allison Bell of the National Underwriter reported on September 11, 2009 that approved disability claims rose more quickly in 2008 at the Social Security Disability Insurance program than at private disability insurers. She explained that the Council for Disability...