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 | 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...
On Behalf of McKennon Law Group PC | Aug 24, 2017 | Case Updates, Duty to Defend, ERISA - Attorneys' Fees, Firm News
We all know the maxim that “bad facts make bad law.” Two years after J.R. Marketing, LLC prevailed in the Court of Appeal concerning its dispute with its commercial general liability insurer, Hartford, it ran out of luck before the California Supreme Court in its...
On Behalf of McKennon Law Group PC | Aug 24, 2017 | Case Updates, Duty to Defend, ERISA - Attorneys' Fees, Firm News
We all know the maxim that “bad facts make bad law.” Two years after J.R. Marketing, LLC prevailed in the Court of Appeal concerning its dispute with its commercial general liability insurer, Hartford, it ran out of luck before the California Supreme Court in its...
On Behalf of McKennon Law Group PC | May 24, 2017 | Case Updates, Disability Insurance, Disability Insurance News, ERISA, ERISA - Abuse of Discretion, ERISA - De Novo Review, ERISA - Preemption, ERISA - Standard of Review, Firm News, Health/Medical Insurance, Insurance Litigation Blog, Life Insurance, Policy Interpretation
Disability and life insurers frequently include clauses in their insurance policies affording them complete discretion to decide whether a claim has merit. The clauses usually state the insurer has total discretion to decide whether the claimant is eligible for the...
On Behalf of McKennon Law Group PC | May 11, 2017 | Breach of Contract, Case Updates, Firm News, Insurance Litigation Blog, Life Insurance
Life, health and disability insurers, whether governed by ERISA or state insurance bad faith laws, often do not have your best interests in mind, despite what the law requires of them. Insurers, like other businesses, are motivated by profits. Sometimes that drive...
On Behalf of McKennon Law Group PC | Jan 27, 2017 | Case Updates, Disability Insurance, Disability Insurance News, Firm News, Insurance Litigation Blog
We all know that insurance companies are good at trying to find any way possible to deny claims, whether they be long-term disability claims, life insurance claims, health insurance claims or homeowner’s claims. To curtail their ability to do so, the Legislature...
On Behalf of McKennon Law Group PC | Dec 13, 2016 | Bad Faith, Case Updates, Duty to Settle, Firm News, Insurance Bad Faith, Insurance Litigation Blog
Under California law, an insurer has an obligation to, among other things, make reasonable efforts to settle a third party’s lawsuit against an insured. As a recent decision rendered by the California Court of Appeals illustrates, “reasonable efforts” entail more...
On Behalf of McKennon Law Group PC | Dec 13, 2016 | Bad Faith, Case Updates, Disability Insurance News, Expert Testimony, Firm News, Health/Medical Insurance, Insurance Litigation Blog, Punitive Damages
During their Presidential election campaigns, Donald Trump and Hillary Clinton spotlighted for America flaws in our criminal justice system. They raised questions about whether the criminal probe into Ms. Clinton’s private email server was handled honestly or...
On Behalf of McKennon Law Group PC | Oct 7, 2016 | Case Updates, Disability Insurance, Disability Insurance News, ERISA, Firm News, Insurance Litigation Blog
Were you denied benefits by your group long-term disability insurer without the insurance company’s doctor examining you in-person? Did your insurer deny your claim even though the Social Security Administration concluded you are disabled? If so, the McKennon Law...
