On Behalf of McKennon Law Group PC | Mar 26, 2020 | Disability Insurance, ERISA, Insurance Litigation Blog
In this several-part blog series titled The Basics of an ERISA Life, Health and Disability Insurance Claim, we discuss the basics of an ERISA life, health, accidental death and dismemberment and disability claim, from navigating a claim to handling a claim denial and...
On Behalf of McKennon Law Group PC | Mar 20, 2020 | Benefits, Disability Insurance, ERISA, ERISA - Attorneys' Fees, Insurance Litigation Blog
Under the Employee Retirement Income Security Act of 1974 (“ERISA”), an employee who prevails in a lawsuit against his insurance company to collect ERISA-governed plan benefits – including life, health, disability or accidental death benefits – is entitled to recover...
On Behalf of McKennon Law Group PC | Mar 19, 2020 | Bad Faith, Breach of Contract, Disability Insurance, Insurance Bad Faith, Insurance Litigation Blog, Punitive Damages
When insurance companies, including those offering disability, life, health or accidental death policies, engage in conduct that is sufficiently egregious, a court may award punitive damages against the insurance company. Under Arizona law, to support an award of...
On Behalf of McKennon Law Group PC | Mar 18, 2020 | News, News Blog
On March 3, 2020, in the matter of Earl Durham v. Aetna Life Insurance Company, Case No. 8:19-cv-01494-DOC-DFM, Judge David O. Carter of the U.S. District Court, Central District of California granted the McKennon Law Group PC’s motion for attorneys’ fees, costs and...
On Behalf of McKennon Law Group PC | Mar 18, 2020 | Benefits, Disability Insurance, ERISA, ERISA - Attorneys' Fees
Under the Employee Retirement Income Security Act of 1974 (“ERISA”), an employee who prevails in a lawsuit against his insurance company to collect ERISA-governed plan benefits – including life, health, disability or accidental death benefits – is entitled to recover...
On Behalf of McKennon Law Group PC | Mar 10, 2020 | News Blog
In the March 6, 2020 issue of the Los Angeles Daily Journal, the Daily Journal published an article written by the McKennon Law Group PC’s Robert J. McKennon. The article addresses a recent case by the Supreme Court of the United States, Intel Corporation Investment...
On Behalf of McKennon Law Group PC | Mar 10, 2020 | Beneficiaries, Employee Benefits News, ERISA, ERISA - Fiduciary Duty, ERISA - Statute of Limitations, Insurance Litigation Blog, Legal Articles, Life Insurance, Retirement Plans/Pensions, Waiver & Estoppel
In the March 6, 2020 issue of the Los Angeles Daily Journal, the Daily Journal published an article written by the McKennon Law Group PC’s Robert J. McKennon. The article addresses a recent case by the Supreme Court of the United States, Intel Corporation Investment...
On Behalf of McKennon Law Group PC | Mar 4, 2020 | Disability Insurance, ERISA, ERISA - Abuse of Discretion, ERISA - Conflict of Interest, ERISA - Fiduciary Duty, ERISA - Standard of Review, Insurance Litigation Blog
In a recent decision by the U.S. District Court for the Northern District of California, Bain v. Oxford Health Insurance, 2020 WL 808236, the Court held that it is an abuse of discretion for an insurance company to rely on unreasonable medical necessity guidelines, to...