On Behalf of McKennon Law Group PC | Mar 31, 2015 | Case Updates, Disability Insurance, Disability Insurance News, ERISA, ERISA - Equitable Relief, ERISA - Fiduciary Duty, Firm News, Insurance Litigation Blog
In December 2013, we published an article highlighting the Sixth Circuit Court of Appeals’ bold decision to award the plaintiff disability benefits plus $2.8 million in disgorged earnings, as a potential “game-changer” in Employee Retirement Income Security Act of...
On Behalf of McKennon Law Group PC | Feb 9, 2015 | Case Updates, ERISA, ERISA - De Novo Review, Firm News
Have you properly designated your intended beneficiaries for your retirement plan at work? What about for your savings plan, life insurance policy or other employee benefit plans you have through your employer? If you have not, the impact could be dire and...
On Behalf of McKennon Law Group PC | Jan 13, 2015 | Case Updates, ERISA, ERISA - Fiduciary Duty, ERISA - Standing, Firm News
A universal part of the American medical experience is paperwork. Everyone is familiar with visiting a healthcare provider for the first time, filling out history forms and signing pages of documents that they either do not understand or do not care about. The Ninth...
On Behalf of McKennon Law Group PC | Jan 8, 2015 | Case Updates, Disability Insurance, Disability Insurance News, ERISA, Firm News, Insurance Litigation Blog
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 | Dec 24, 2014 | Case Updates, ERISA, ERISA - Equitable Relief, Firm News
Since the Supreme Court’s decision in Massachusetts Mutual Life Insurance Co. v. Russell, 473 U.S. 134 (1985), the courts have grappled with the issue of the extent to which equitable remedies are available under the Employee Retirement Income Security Act (“ERISA”). ...
On Behalf of McKennon Law Group PC | Dec 11, 2014 | Breach of Contract, Case Updates, Firm News, Insurance Bad Faith, Property & Casualty Insurance
When a covered property is damaged, the insured may face a quintessential Catch-22—the insured cannot afford to proceed with costly repairs or replacement without insurance money, but until the repairs or replacements are finished, the insured cannot recover under the...
On Behalf of McKennon Law Group PC | Nov 18, 2014 | Case Updates, Firm News, Health/Medical Insurance, Legislation
The Federal Mental Health Parity and Addiction Equity Act (“MH Parity Act”) requires, at a minimum, that the financial requirements and treatment limitations for mental health benefits set by group health plans and health insurance carriers be no more restrictive than...
On Behalf of McKennon Law Group PC | Nov 4, 2014 | Case Updates, Disability Insurance, Disability Insurance News, ERISA, ERISA - Statute of Limitations, Firm News, Insurance Litigation Blog
One hundred days is not a reasonable amount of time to give a plan participant to file a lawsuit under the Employee Retirement Income Security Act of 1974 (“ERISA”). This was the conclusion reached by the United States District Court Southern District of California...
On Behalf of McKennon Law Group PC | Oct 28, 2014 | Case Updates, Disability Insurance, Disability Insurance News, Firm News, Insurance Commissioner, Insurance Litigation Blog
There is a commonly held belief that every disability insurance policy sold to the public has been actually reviewed and approved by the California Department of Insurance. Indeed, California Insurance Code section 10291.5 requires the Insurance Commissioner to...
On Behalf of McKennon Law Group PC | Aug 28, 2014 | Case Updates, Disability Insurance, Disability Insurance News, ERISA, Firm News, Insurance Litigation Blog
A virtually insurmountable concrete wall was once an apt analogy for the effect of discretionary clauses in ERISA Plans on claimants attempting to challenge a plan administrator’s unreasonable interpretation of policy terms. A valid discretionary clause gave...
