Los Angeles Daily Journal Publishes Article on August 28, 2019 by Robert McKennon Entitled “Ruling Could Send Shock Waves Through ERISA Claims Industry”

On Behalf of | Sep 4, 2019 | Accidental Death or Dismemberment, Disability Insurance, Disability Insurance News, ERISA, Firm News, Insurance Litigation Blog, Legal Articles, Life Insurance, News, Retirement Plans/Pensions

In the August 28, 2019 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 Ninth Circuit Court of Appeals, Dorman v. Charles Schwab, which...

Ten Things to Consider and Look For in Your ERISA Life and/or Accidental Death and Dismemberment (AD&D) Insurance Plans When You Select Benefits or File a Claim

On Behalf of | Mar 18, 2019 | Accidental Death or Dismemberment, ERISA, ERISA - Administrative Record, ERISA - Statute of Limitations, Firm News, Insurance Litigation Blog, Insurance Questions and Concepts, Life Insurance

1. Obtain a full copy of your plan. The full plan will not typically be a benefit summary or a print-out from a website. It will be fairly long and many definitions and it will recite your ERISA plan terms, policies and procedures for filing a life insurance or...

Discovery Disputes in ERISA Breach of Fiduciary Duty Cases: Do the Usual Limitations Apply?

On Behalf of | Dec 27, 2018 | Accidental Death or Dismemberment, Disability Insurance, Discovery, ERISA, ERISA - Administrative Record, Firm News, Insurance Litigation Blog, Life Insurance

Discovery Disputes in ERISA Breach of Fiduciary Duty Cases: Do the Usual Limitations Apply? The Employee Retirement Income Security Act of 1974 (“ERISA”) manages many of the benefits people receive from their employers.  These benefits include short-term and long-term...

Breach of Fiduciary Duty under ERISA: Making the Insurer or Plan Administrator Responsible for their actions towards a Plan’s Participants and Beneficiaries

On Behalf of | Nov 6, 2018 | Accidental Death or Dismemberment, ERISA, ERISA - Equitable Relief, ERISA - Fiduciary Duty, Firm News, Insurance Litigation Blog, Life Insurance, Waiver & Estoppel

In a previous blog, we addressed the doctrines of equitable estoppel and waiver when the Employee Retirement Income Security Act of 1974 (“ERISA”) governs their insurance or pension plan.  As we explained, both doctrines provide an insured with methods of forcing an...

Los Angeles Daily Journal Publishes Article on October 26, 2018 by Robert McKennon Entitled “Court says insurer can’t dodge coverage through ‘technical escape hatch’”

On Behalf of | Oct 29, 2018 | Accidental Death or Dismemberment, Disability Insurance, ERISA, Firm News, Insurance Litigation Blog, Legal Articles, Life Insurance, News

In the October 26, 2018 issue of the Los Angeles Daily Journal, the Daily Journal published an article written by the McKennon Law Group’s Robert J. McKennon.  The article addresses a recent case by the California Court of Appeal, which held that the notice-prejudice...

“Sole Cause” Provisions in Accidental Death and Dismemberment Policies: Are ERISA Claimants Getting a Fair Shake?

On Behalf of | Aug 22, 2018 | Accidental Death or Dismemberment, ERISA, Firm News, Insurance Litigation Blog, Policy Interpretation

According to the Centers for Disease Control, unintentional injury is the leading cause of death among people ages 1 to 44.  For this reason, Accidental Death and Dismemberment (“AD&D”) Insurance should be an essential component of insurance coverage for most...

Where Did My Long-Term Disability Benefits Go? Termination of Benefits Without Improvement of Insured’s Medical Condition

On Behalf of | Aug 15, 2018 | Accidental Death or Dismemberment, Disability Insurance, ERISA, Firm News, Insurance Litigation Blog

Many people purchase accidental death and dismemberment insurance or disability insurance to protect themselves should they ever become injured and unable to work.  If they become injured, they file a claim with their insurance company, and, after a potentially...

The Latest Frontier for Forum Selection Clauses: ERISA Policies

On Behalf of | Jul 26, 2018 | Accidental Death or Dismemberment, ERISA, Firm News, Health/Medical Insurance, Insurance Litigation Blog, Life Insurance

Letters denying an insured’s claim often end by listing what steps an insured can take to challenge an unfavorable determination.  Assuming all administrative appeals have been exhausted, this generally involves filing a lawsuit. Depending on the language in the...

When Guarding the Henhouse, Some Foxes Go Rogue: When an Insurer’s Conflict of Interest Factors into Administrating Group Long-Term Disability ERISA Plans

On Behalf of | Jul 25, 2018 | Accidental Death or Dismemberment, Disability Insurance, Disability Insurance News, ERISA, ERISA - Abuse of Discretion, ERISA - Conflict of Interest, Firm News, Health/Medical Insurance, Insurance Litigation Blog, Life Insurance, News

Few Americans can retire on their savings alone.  Many workers participate in an employee benefits plans, which serve to provide financial security in case of disability or retirement.  In the case of insurers that decide who qualifies for life, health and disability...

Orange County Lawyer Publishes Article in July 2018 edition by Robert J. McKennon Entitled “Insurers’ Intermediaries: The Implications of Actions Taken by Agents, Employers, and Third-Party Administrators”

On Behalf of | Jul 13, 2018 | Accidental Death or Dismemberment, Agent/Broker, Bad Faith, Disability Insurance, ERISA, Firm News, Health/Medical Insurance, Legal Articles, Life Insurance

In July 2018, The Orange County Bar Association published an article written by Robert J. McKennon and Stephanie L. Talavera of the McKennon Law Group PC in the Orange County Lawyer.  The article addresses the liability implications of the relationship between...