On Behalf of McKennon Law Group PC | Aug 24, 2017 | Disability Insurance News, ERISA, ERISA - Abuse of Discretion, ERISA - De Novo Review, ERISA - Standard of Review, Firm News, Insurance Litigation Blog
When litigating ERISA-governed short-term disability, long-term disability, life and medical insurance claims, a major consideration is which “standard of review” will apply to the Court’s review of the insurer’s decision – abuse of discretion or de novo. The de novo...
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 | Oct 12, 2015 | Disability Insurance News, ERISA, ERISA - Abuse of Discretion, ERISA - De Novo Review, ERISA - Standard of Review, Firm News
Recently, we explained that District Courts within the state of California, applying California Insurance Code section 10110.6, ruled that, even if an insurance Plan contains language giving discretion to a claim administrator, that language is unenforceable, and de...
On Behalf of McKennon Law Group PC | Sep 14, 2015 | Disability Insurance News, ERISA, ERISA - Abuse of Discretion, ERISA - De Novo Review, ERISA - Standard of Review
Well-intentioned policymakers enacted the Employee Retirement Income Security Act of 1974 (“ERISA”) over forty years ago to provide for the protection of participants’ employee benefits in part by establishing a uniform set of rules to ensure efficient proceedings. ...
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 | Jun 29, 2015 | Disability Insurance, Disability Insurance News, ERISA, ERISA - De Novo Review, Firm News, Insurance Litigation Blog
When a person suffers from a disability caused by an injury or sickness, the resulting restrictions and limitations, be they physical or mental, can have a devastating impact on that person’s ability to return to work. What is often overlooked, is that the side...
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 | 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 | Dec 6, 2010 | Disability Insurance, Disability Insurance News, ERISA, ERISA - Abuse of Discretion, ERISA - De Novo Review, ERISA - Standard of Review, Firm News, Insurance Litigation Blog
The Thursday December 1, 2010 edition of the Los Angeles Daily Journal featured the article co-written by Robert J. McKennon and M. Scott Koller, entitled “In ERISA Cases, The Standard of Review Really Does Matter,” in the Perspective column. It explains why it is...
On Behalf of McKennon Law Group PC | Nov 1, 2010 | Case Updates, Disability Insurance, Disability Insurance News, ERISA, ERISA - Abuse of Discretion, ERISA - De Novo Review, Firm News, Insurance Litigation Blog
The question of who has the burden of proof can often decide the outcome of litigation. Given its importance, it is common to see litigants attempt to shift that burden to the opposing side in order to secure a tactical advantage. Recently, in Muniz v. Amec...