McKennon Law Group PC’s Very Recent Success Stories Litigating California Disability Insurance Claim Denials

On Behalf of | Jun 26, 2014 | Disability Insurance, Disability Insurance News, Firm News, Insurance Litigation Blog

The dual roles insurers hold, as funding sources and claim administrators of disability plans, often impact their impartiality. Indeed, insurers have the discretion and financial incentive to deny claims and often do so improperly. Claimants may shudder at the thought...

Echague v. Met Life: Equitable Surcharge is an Available Remedy Against Unresponsive Plan Administrators Under ERISA

On Behalf of | Jun 26, 2014 | Case Updates, ERISA, ERISA - Equitable Relief, Firm News, Life Insurance

The Employee Retirement Income Security Act of 1974 (“ERISA”) seeks to protect participants in employer-sponsored plans, but lack of adequate communication and transparency is an often an unfortunate byproduct of the insurance industry.  The California district court...

Insurers Have a Duty to Defend Where a Complaint Could Be Fairly Amended to State a Covered Liability; California Supreme Court Clarifies Duty to Defend Disparagement Claims Under Advertising Injury Coverage

On Behalf of | Jun 20, 2014 | Breach of Contract, Case Updates, Firm News, Insurance Bad Faith

An insurer has a duty to defend even if the causes of action in a lawsuit are not expressly covered by a liability policy if the factual allegations may support a potentially covered claim.  This was expansive interpretation of the duty to defend adopted by the United...

Why Is It Important To Exhaust Your Administrative Remedies Under ERISA When Your Insurer Denies Your Disability Insurance Claim?

On Behalf of | Jun 16, 2014 | Disability Insurance, Disability Insurance News, Firm News, Insurance Litigation Blog, Legal Articles

The Employee Retirement Income Security Act of 1974 (“ERISA”) provides an exclusive remedial scheme for insureds who have been denied benefits. 29 USC section 1001 et seq. Under ERISA, a plan participant may sue “to recover benefits due to him under the terms of their...