On Behalf of McKennon Law Group PC | Jul 6, 2016 | Case Updates, Disability Insurance, ERISA, Firm News, Insurance Litigation Blog, Policy Interpretation
The “reasonable expectations of the insured” doctrine has been around for decades in California. The state Supreme Court started toying with rules that became its foundation after the turn of the century. See Pac. Heating & Ventilating Co. v. Williamsburgh City...
On Behalf of McKennon Law Group PC | Jun 16, 2016 | Case Updates, ERISA, Firm News
When and under what circumstances an insurer paying long-term disability benefits may collect retroactive benefits paid to an ERISA plan participant under the Social Security Act has been the source of conflicting opinions over the years. The most recent...
On Behalf of McKennon Law Group PC | Feb 11, 2016 | Case Updates, Firm News, Insurance Litigation Blog, Property & Casualty Insurance
A homeowners’ insurance policy does not always mean what it says. That is, in effect, what the California Court of Appeal recently concluded in Vardanyan v. AMCO Ins. Co., 243 Cal. App. 4th 779 (2015), a case involving the well-established “efficient proximate cause”...
On Behalf of McKennon Law Group PC | Sep 8, 2015 | Breach of Contract, Case Updates, Firm News, Life Insurance, Policy Interpretation
Group life insurance policies often have confusing language about when they become effective. A trial court recently interpreted one to mean that the policy had not become effective to a full-time employee, though he was already eligible for the coverage, because he...
On Behalf of McKennon Law Group PC | Aug 20, 2015 | Case Updates, Disability Insurance, Disability Insurance News, ERISA, ERISA - De Novo Review, Firm News, Insurance Litigation Blog
An individual suffering from a disabling condition undoubtedly has many concerns. In addition to dealing with physical pain and emotional distress, there is always the thought of how to pay for medical bills and living expenses if the disability prevents the person...
On Behalf of McKennon Law Group PC | Jul 11, 2015 | Case Updates, Duty to Settle, Firm News, Insurance Litigation Blog, Policy Interpretation
Have you ever wondered whether the liability policy you purchased covers losses you already knew about before you bought the policy? How much do you have to know? What if you knew about certain property damage at a construction project you caused but not about other...
On Behalf of McKennon Law Group PC | Jun 10, 2015 | Case Updates, Disability Insurance, Disability Insurance News, ERISA, Firm News, Insurance Litigation Blog, Insurance Questions and Concepts, Policy Interpretation
Under most long-term disability insurance plans governed by the Employee Retirement Income Security Act of 1974 (“ERISA”), a claimant must appeal the denial of any claim for benefits within 180 days of the denial letter. Unless the appeal is made within that strict...
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 | Apr 1, 2015 | Case Updates, Disability Insurance, Disability Insurance News, Duty to Defend, Firm News, Insurance Litigation Blog
A liability insurer’s duty to defend its insured against lawsuits is extremely broad, much broader than its duty to indemnify its insured for a judgment entered against it. That has been the law in California for decades. But just how broad is the duty to defend? ...
