On Behalf of McKennon Law Group PC | Apr 14, 2020 | Disability Insurance
Disability insurance is one of those things you pay for but hope that you never have to use. Should you be in position to file a claim, it means you’re suffering from a serious injury or illness that’s keeping you from doing your job. Upon filing a disability...
On Behalf of McKennon Law Group PC | Apr 8, 2020 | Case Updates, Disability Insurance, Discovery, ERISA, ERISA - Administrative Record, ERISA - Discovery, Expert Testimony, Insurance Litigation Blog, Life Insurance
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...
On Behalf of McKennon Law Group PC | Mar 26, 2020 | Disability Insurance, ERISA, Insurance Litigation Blog
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...
On Behalf of McKennon Law Group PC | Mar 20, 2020 | Benefits, Disability Insurance, ERISA, ERISA - Attorneys' Fees, Insurance Litigation Blog
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...
On Behalf of McKennon Law Group PC | Mar 19, 2020 | Bad Faith, Breach of Contract, Disability Insurance, Insurance Bad Faith, Insurance Litigation Blog, Punitive Damages
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...
On Behalf of McKennon Law Group PC | Mar 18, 2020 | Benefits, Disability Insurance, ERISA, ERISA - Attorneys' Fees
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...
On Behalf of McKennon Law Group PC | Mar 4, 2020 | Disability Insurance, ERISA, ERISA - Abuse of Discretion, ERISA - Conflict of Interest, ERISA - Fiduciary Duty, ERISA - Standard of Review, Insurance Litigation Blog
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...
On Behalf of McKennon Law Group PC | Jan 28, 2020 | Disability Insurance, ERISA, Insurance Litigation Blog, Social Security Administration
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...
On Behalf of McKennon Law Group PC | Jan 13, 2020 | Disability Insurance, ERISA, Insurance Litigation Blog
ERISA requires that an administrator provide a claimant with a “full and fair” review if a denial decision is made. It has long been held that an administrator must provide a claimant with copies of internal medical reports it generated and relied upon when making its...
On Behalf of McKennon Law Group PC | Dec 24, 2019 | Disability Insurance, Disability Insurance News, Insurance Litigation Blog
In December 2014, a Northern California woman filed a lawsuit against disability insurer Unum Life Insurance Company alleging that the company wrongfully denied her claim for long-term disability (LTD) benefits under the long-term disability insurance plan issued to...