On Behalf of McKennon Law Group PC | Apr 30, 2015 | Case Updates, Disability Insurance, Disability Insurance News, ERISA, ERISA - Abuse of Discretion, ERISA - Administrative Record, ERISA - De Novo Review, ERISA - Standard of Review, Firm News, Insurance Litigation Blog, Insurance Questions and Concepts, Policy Interpretation
In actions brought under the Employee Retirement Income Security Act of 1974 (“ERISA”), two roads diverge in federal court—and the court’s choice regarding the applicable standard of review can make all the difference in the scope of permissible evidence. If the...
On Behalf of McKennon Law Group PC | Apr 29, 2015 | Case Updates, Disability Insurance, Disability Insurance News, ERISA, ERISA - Abuse of Discretion, ERISA - Administrative Record, ERISA - Conflict of Interest, Firm News, Insurance Litigation Blog
On April 22, 2015, the United States Court of Appeals for the Ninth Circuit issued a decision affirming the district court’s decision to award McKennon Law Group PC’s client, an attorney (“insured”), his past-due ERISA plan benefits, as well as attorneys’ fees, costs...
On Behalf of McKennon Law Group PC | Sep 16, 2014 | ERISA, ERISA - Abuse of Discretion, ERISA - Administrative Record, ERISA - Conflict of Interest, ERISA - Fiduciary Duty, ERISA - Standard of Review, Firm News, Health/Medical Insurance
Sometimes an administrator so unashamedly abuses its discretion in handling an insurance claim that its actions constitute a textbook example of “what not to do” for other administrators and the ensuing decision provides a clear illustration of how courts apply an...
On Behalf of McKennon Law Group PC | Apr 15, 2013 | ERISA, ERISA - Abuse of Discretion, Firm News, Health/Medical Insurance
A recent Ninth Circuit Court of Appeals decision reaffirmed the need for plan administrators to state the reasoning behind their denial of coverage. In Lukas v. United Behavioral Health, __ F.3d __, 2013 U.S. App. LEXIS 1230 (9th Cir. Jan. 17, 2013) the Ninth...
On Behalf of McKennon Law Group PC | Jan 21, 2013 | Case Updates, Disability Insurance, Disability Insurance News, Discovery, ERISA, ERISA - Abuse of Discretion, ERISA - Attorneys' Fees, Firm News, Insurance Litigation Blog
In what may be a matter of first impression, Judge Cormac J. Carney of the United States Federal District Court for the Central District of California denied Sun Life and Health Insurance Company’s Objections to Proposed Judgment in an ERISA long-term disability...
On Behalf of McKennon Law Group PC | Dec 11, 2012 | Disability Insurance, Disability Insurance News, ERISA, ERISA - Abuse of Discretion, ERISA - Conflict of Interest, ERISA - Standard of Review, Firm News, Insurance Litigation Blog, News
On November 27, 2012, following a trial before Judge Cormac J. Carney of the United States Federal District Court for the Central District of California, Robert J. McKennon and Scott E. Calvert of the McKennon Law Group secured a victory for their client in a lawsuit...
On Behalf of McKennon Law Group PC | Sep 7, 2011 | Case Updates, ERISA, ERISA - Abuse of Discretion, Firm News, Health/Medical Insurance
In an important decision, the Ninth Circuit Court of Appeals ruled that California’s Mental Health Parity Act (“Parity Act” ) requires that health insurers cover certain medically necessary treatment for certain mental illnesses, even if the insurance policy...
On Behalf of McKennon Law Group PC | May 11, 2011 | Disability Insurance, Disability Insurance News, ERISA, ERISA - Abuse of Discretion, Firm News, Insurance Litigation Blog
Under ERISA, insurers/claim administrators are required to give every insurance claim a full and fair review. Courts in the Ninth Circuit have construed this requirement in a manner that requires insurers/claim administrators to do more than simply have an in-house...
On Behalf of McKennon Law Group PC | Mar 17, 2011 | Disability Insurance, Disability Insurance News, ERISA, ERISA - Abuse of Discretion, Firm News, Insurance Litigation Blog
ERISA requires that an administrator provide a claimant with a “full and fair” review of a denial decision. In a recent ruling entitled Salomaa v. Honda Long Term Disability Plan, __ F.3d __, 2011 U.S. App. LEXIS 4386 (9th Cir. Cal. Mar. 7, 2011) the Ninth Circuit...
On Behalf of McKennon Law Group PC | Dec 6, 2010 | Disability Insurance, Disability Insurance News, ERISA, ERISA - Abuse of Discretion, ERISA - De Novo Review, ERISA - Standard of Review, Firm News, Insurance Litigation Blog
The Thursday December 1, 2010 edition of the Los Angeles Daily Journal featured the article co-written by Robert J. McKennon and M. Scott Koller, entitled “In ERISA Cases, The Standard of Review Really Does Matter,” in the Perspective column. It explains why it is...
