Los Angeles Daily Journal Publishes Article on November 19, 2019 by Robert McKennon Entitled “Leveling the Field Between Insurers and Disability Claimants”

On Behalf of | Nov 20, 2019 | Disability Insurance, Disability Insurance News, ERISA, Firm News, Insurance Litigation Blog, Legal Articles, News

In the November 19, 2019 issue of the Los Angeles Daily Journal, the Daily Journal published an article written by the McKennon Law Group PC’s Robert J. McKennon.  The article addresses a previous 2009 Daily Journal investigation that revealed insurers’ regular...

Los Angeles Daily Journal Publishes Article on August 28, 2019 by Robert McKennon Entitled “Ruling Could Send Shock Waves Through ERISA Claims Industry”

On Behalf of | Sep 4, 2019 | Accidental Death or Dismemberment, Disability Insurance, Disability Insurance News, ERISA, Firm News, Insurance Litigation Blog, Legal Articles, Life Insurance, News, Retirement Plans/Pensions

In the August 28, 2019 issue of the Los Angeles Daily Journal, the Daily Journal published an article written by the McKennon Law Group PC’s Robert J. McKennon.  The article addresses a recent case by the Ninth Circuit Court of Appeals, Dorman v. Charles Schwab, which...

In Harlow v. MetLife, Judge Bernal Brings Clarity to Disputes Involving “Reasonable” Attorneys’ Fees Adopting Standards Favorable to ERISA Claimants

On Behalf of | Jun 19, 2019 | Disability Insurance, Disability Insurance News, ERISA, Firm News, Insurance Litigation Blog, Legal Articles

The topic of attorneys’ fees has long been of interest to insurance lawyers and clients alike.  Recently, the courts have grappled with issues such as: When are attorneys’ fees recoverable? What types of billing practices are reasonable?  What are reasonable hourly...

“Own Occupation” Duties in a Long-Term Disability Policy Governed by ERISA: Does a Court Favor Those Listed in the Description of One’s Actual Job, or Those Performed in the National Economy?

On Behalf of | Apr 12, 2019 | Disability Insurance News, Firm News, Insurance Litigation Blog

“Own Occupation” Duties in a Long-Term Disability Policy Governed by ERISA: Does a Court Favor Those Listed in the Description of One’s Actual Job, or Those Performed in the National Economy? Sometimes a legal dispute comes down to the simple interpretation of the...

Breach of Fiduciary Duty under ERISA: Ninth Circuit Clarifies That Mere Disclosure of Plan Documents Is Insufficient “Actual Knowledge” to Trigger Statute of Limitations

On Behalf of | Jan 23, 2019 | Disability Insurance News, ERISA, ERISA - Fiduciary Duty, ERISA - Pension Benefits, ERISA - Statute of Limitations, Firm News, Insurance Litigation Blog

In pension and savings plan cases, it can often take several years before an employee realizes that there has been a breach of fiduciary duty.  Typically, an employee’s financial loss triggers an investigation that later reveals the facts of the breach.  But how long...

Court Says the Development of a Disabling Condition after Surgery for an Unrelated Condition Does Not Preclude Recovery of ERISA Disability Benefits under Pre-Existing Condition Exclusion

On Behalf of | Jan 16, 2019 | Disability Insurance News, ERISA, Firm News, Insurance Litigation Blog, Pre-existing Conditions

Insurance companies often seek to exclude insureds from coverage through their long-term disability (“LTD”) plans by asserting the pre-existing condition exclusion.  If an applicant for LTD benefits has a non-disabling condition or becomes disabled as a result of a...

Court Rules That an Insurer Failed to Use Proper “Reasonable Continuity” Standard in Evaluating a Preexisting Condition that Disabled the Claimant

On Behalf of | Nov 29, 2018 | Disability Insurance, Disability Insurance News, ERISA, Firm News, Insurance Litigation Blog

Under many long-term disability insurance policies, the insured is considered disabled if he or she is unable to perform “with reasonable continuity” the important tasks, functions, and operations of his or her occupation for a specified period of time. If a plaintiff...

Sitting: If you are Unable to do it, are you Totally Disabled Under a Long-Term Disability Policy?

On Behalf of | Aug 3, 2018 | Disability Insurance News, ERISA, Firm News, Insurance Litigation Blog, Policy Interpretation

While most people tend to have a common-sense view of what it means to be disabled, under long-term disability (“LTD”) policies, an insured must satisfy the terms of a disability policy and its specific definitions of “disability” to receive LTD benefits.  Within the...

When Guarding the Henhouse, Some Foxes Go Rogue: When an Insurer’s Conflict of Interest Factors into Administrating Group Long-Term Disability ERISA Plans

On Behalf of | Jul 25, 2018 | Accidental Death or Dismemberment, Disability Insurance, Disability Insurance News, ERISA, ERISA - Abuse of Discretion, ERISA - Conflict of Interest, Firm News, Health/Medical Insurance, Insurance Litigation Blog, Life Insurance, News

Few Americans can retire on their savings alone.  Many workers participate in an employee benefits plans, which serve to provide financial security in case of disability or retirement.  In the case of insurers that decide who qualifies for life, health and disability...