On Behalf of McKennon Law Group PC | Jun 29, 2010 | Disability Insurance, Disability Insurance News, Discovery, ERISA, ERISA - Administrative Record, Firm News, Insurance Litigation Blog, Legislation, News
For most insurance litigation, the majority of the evidence used by both sides comes from the claim file, also known as the administrative record in ERISA cases. The claim file represents the insurance carrier’s written record of its handling and processing of an...
On Behalf of McKennon Law Group PC | Jun 22, 2010 | Disability Insurance, Disability Insurance News, Firm News, Insurance Litigation Blog, Legislation, News
In the aftermath of the United States Supreme Court holding in Metropolitan Life Ins. Co. v. Glenn, 554 U.S. 105, 128 S.Ct. 2343, 2348 (2008), the courts have struggled to apply this holding. The Ninth Circuit did so in Montour v. Hartford Life & Accid. Ins. Co.,...
On Behalf of McKennon Law Group PC | Jun 21, 2010 | Disability Insurance, Disability Insurance News, Firm News, Insurance Litigation Blog, Legislation, News
The United States Court of Appeals for the Ninth Circuit, in an unpublished decision, addressed the question of whether documents reviewed by an independent medical examiner, but not by the plan administrator, was sufficient to satisfy the Plan’s obligation to...
On Behalf of McKennon Law Group PC | Jun 7, 2010 | Firm News, Legislation, News
The debate over national health care reform has moved to the California Legislature, which will begin taking the initial steps to implement the complex series of health insurance overhauls prescribed by the federal government. The Legislature seeks to enact reforms...