On Behalf of McKennon Law Group PC | Apr 8, 2020 | Case Updates, Disability Insurance, Discovery, ERISA, ERISA - Administrative Record, ERISA - Discovery, Expert Testimony, Insurance Litigation Blog, Life Insurance
When it Goes to the Bias of an Insurer’s Consultants, that’s When a claimant who challenges a denial of disability or life insurance benefits by filing a court action under ERISA is generally not able to present evidence to the court that is not in the administrative...
On Behalf of McKennon Law Group PC | Nov 25, 2019 | Disability Insurance, ERISA, ERISA - Administrative Record, Firm News, Insurance Litigation Blog
Under insurance policies governed by the Employee Retirement Income Security Act of 1974 (“ERISA”), when an insurer denies a person’s claim for life insurance benefits, short-term-disability benefits or long-term-disability benefits, the beneficiary must request that...
On Behalf of McKennon Law Group PC | 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...
On Behalf of McKennon Law Group PC | Feb 28, 2019 | Disability Insurance, ERISA, ERISA - Administrative Record, ERISA - Statute of Limitations, Firm News, Insurance Litigation Blog, Insurance Questions and Concepts
1. Obtain a full copy of your plan and administrative record. 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...
On Behalf of McKennon Law Group PC | 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...
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 21, 2011 | Disability Insurance, Disability Insurance News, ERISA, ERISA - Administrative Record, Firm News, Insurance Litigation Blog, News
It will not be surprising to many readers of this blog that insurance companies often deny life insurance, health insurance and disability insurance claims. Many times, insurance companies are wrong in their decisions. And, sometimes they acknowledge their...
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...
