Ninth Circuit Affirms $2.5 Million Punitive Damages Award Against Disability Insurer in Arizona Bad Faith Case

On Behalf of | 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...

Life Insurance Policyholders Beware: California’s Statutory Lapse Safeguards Do Not Apply to Policies Issued Prior to January 1, 2013

On Behalf of | Nov 27, 2019 | Bad Faith, Beneficiaries, Benefits, Firm News, Insurance Litigation Blog

Life insurance lapse generally refers to coverage ending for insufficient or nonpayment of policy premiums. If premiums are not paid during the grace period to sustain the policy, then the life insurance ends. The lapse of a life insurance policy at the wrong time...

Cassim v. Allstate Insurance: Attorney’s Fees in Contingency-Fee “Bad Faith” Cases

On Behalf of | Jul 26, 2019 | Bad Faith, Disability Insurance, ERISA, ERISA - Attorneys' Fees, Firm News, Health/Medical Insurance, Insurance Litigation Blog, Legal Articles

Since 2004, when the California Supreme Court ruled that a “portion” of contingency attorney’s fees are recoverable in bad-faith insurance cases, plaintiffs and their lawyers have been able to recover attorney’s fees based in part on the specific terms of the...

Court Finds Regional Claims Administrator Qualifies as a “Managing Agent” of an Insurance Company, Justifying an Award of Punitive Damages

On Behalf of | May 29, 2019 | Bad Faith, Breach of Contract, Duty to Settle, Firm News, 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.  California Civil Code Section 3294 (“Section...

Court upholds Commissioner’s Contention: A Single Insurance Code Violation Can Constitute Bad Faith Without Evidence of a General Business Practice

On Behalf of | Oct 2, 2018 | Bad Faith, Firm News, Insurance Bad Faith, Insurance Commissioner, Insurance Litigation Blog, Policy Interpretation, Regulations, Unfair Business Practices/Unfair Competition

Every insurance policy, including disability, life, health or accidental death policies, contains an implied covenant of good faith and fair dealing between the insurance company and the insured. This covenant requires that insurance companies refrain from acting in a...

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...

Los Angeles Daily Journal Publishes Small Firm Profile on the McKennon Law Group PC Entitled “Shifting Allegiance: No Longer Insurers’ Advocates, McKennon Law Group Attorneys Stand Up for Policyholders”

On Behalf of | May 10, 2018 | Bad Faith, Breach of Contract, Disability Insurance, ERISA, Firm News, Health/Medical Insurance, Insurance Bad Faith, Insurance Litigation Blog, Legal Articles, Life Insurance, Long Term Care Insurance, News, Retirement Plans/Pensions

In the May 7, 2018 issue of the Los Angeles Daily Journal, Daily Journal Staff Writer Melanie Brisbon authored a “small firm profile” article on the McKennon Law Group PC. The article covers the firm’s path to success, starting with its unconventional background:...

Bad Faith Claims Handling: California Department of Insurance Investigates Aetna’s Health Claim Denials

On Behalf of | Feb 21, 2018 | Bad Faith, Breach of Contract, Disability Insurance, Disability Insurance News, ERISA, Firm News, Health/Medical Insurance, Insurance Bad Faith, Legal Articles

On our blog, we frequently discuss the improper tactics insurers use to deny legitimate claims for life, health, disability and other forms of insurance. For our latest article on the pervasive problem in health insurance claims denials, see...

Court Rejects Third Party Administrator’s Demurrer to Insurance Bad Faith Claim Based on Plaintiffs’ Theory of Joint Venture Liability

On Behalf of | Jan 24, 2018 | Bad Faith, Breach of Contract, Case Updates, Disability Insurance, Disability Insurance News, Firm News, Insurance Bad Faith, Insurance Litigation Blog, Non-ERISA

Implied in every insurance contract is a promise of “good faith and fair dealing,” which means that the insurer must not take unreasonable steps to prevent an insured’s right to receive benefits under the policy. To comply with its promise to act in good faith, the...

Does ERISA Apply to County and City of Los Angeles Employee Disability Benefit Plans? Why You Should Care

On Behalf of | Dec 8, 2017 | Bad Faith, Disability Insurance, ERISA, ERISA - Church Plans, ERISA - Government Plans, Firm News, Insurance Bad Faith

Do you have a long-term disability claim with the County of Los Angeles, City of Los Angeles or another Los Angeles government organization? If so, you might be wondering: do the limited remedies available under a federal law called the Employee Retirement Income...