When Can a Disability Claimant Obtain Discovery in an ERISA Suit When the De Novo Review Standard Applies?

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...

The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Nine: Insurer Reliance on Sub Rosa Surveillance

In this several-part blog series titled The Basics of an ERISA Life, Health and Disability Insurance Claim, we discuss the basics of an ERISA life, health, accidental death and dismemberment and disability claim, from navigating a claim to handling a claim denial and...

After McKennon Law Group PC Aggressively Won Case and Filed Attorney’s Fees Motion, District Judge David O. Carter Awards Plaintiff in ERISA Disability Case Nearly $90,000 in Attorneys’ Fees, Costs and Interest

Under the Employee Retirement Income Security Act of 1974 (“ERISA”), an employee who prevails in a lawsuit against his insurance company to collect ERISA-governed plan benefits – including life, health, disability or accidental death benefits – is entitled to recover...

Ninth Circuit Affirms $2.5 Million Punitive Damages Award Against Disability Insurer in Arizona Bad Faith Case

When insurance companies, including those offering disability, life, health or accidental death policies, engage in conduct that is sufficiently egregious, a court may award punitive damages against the insurance company.  Under Arizona law, to support an award of...

After McKennon Law Group PC Aggressively Won Case and Filed Attorney’s Fees Motion, District Judge David O. Carter Awards Plaintiff in ERISA Disability Case Nearly $90,000 in Attorneys’ Fees, Costs and Interest

Under the Employee Retirement Income Security Act of 1974 (“ERISA”), an employee who prevails in a lawsuit against his insurance company to collect ERISA-governed plan benefits – including life, health, disability or accidental death benefits – is entitled to recover...

Bain v. Oxford Health Insurance: Judge Finds Insurer Liable for Breach of Fiduciary Duty Under ERISA As Medical Necessity Guidelines Were Inconsistent With Medical Standards of Care

In a recent decision by the U.S. District Court for the Northern District of California, Bain v. Oxford Health Insurance, 2020 WL 808236, the Court held that it is an abuse of discretion for an insurance company to rely on unreasonable medical necessity guidelines, to...

The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Eight: Impact of Social Security Disability Insurance on an ERISA Disability Insurance Claim

In this several-part blog series titled The Basics of an ERISA Life, Health and Disability Insurance Claim, we discuss the basics of an ERISA life, health, accidental death and dismemberment and disability claim, from navigating a claim, to handling a claim denial and...