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 | Dec 27, 2018 | Accidental Death or Dismemberment, Disability Insurance, Discovery, ERISA, ERISA - Administrative Record, Firm News, Insurance Litigation Blog, Life Insurance
Discovery Disputes in ERISA Breach of Fiduciary Duty Cases: Do the Usual Limitations Apply? The Employee Retirement Income Security Act of 1974 (“ERISA”) manages many of the benefits people receive from their employers. These benefits include short-term and long-term...
On Behalf of McKennon Law Group PC | Sep 26, 2018 | Disability Insurance, Discovery, ERISA, ERISA - Abuse of Discretion, ERISA - Conflict of Interest, Firm News, Health/Medical Insurance, Insurance Litigation Blog, Life Insurance
The Employee Retirement Income Security Act (“ERISA”), a 1974 federal law, sets minimum standards for many employee benefit plans and serves to provide protection for individuals in these plans. Discovery in ERISA cases is often limited because the statute’s primary...
On Behalf of McKennon Law Group PC | Jan 21, 2013 | Case Updates, Disability Insurance, Disability Insurance News, Discovery, ERISA, ERISA - Abuse of Discretion, ERISA - Attorneys' Fees, Firm News, Insurance Litigation Blog
In what may be a matter of first impression, Judge Cormac J. Carney of the United States Federal District Court for the Central District of California denied Sun Life and Health Insurance Company’s Objections to Proposed Judgment in an ERISA long-term disability...
On Behalf of McKennon Law Group PC | Jun 29, 2010 | Disability Insurance, Disability Insurance News, Discovery, ERISA, ERISA - Administrative Record, Firm News, Insurance Litigation Blog, Legislation, News
For most insurance litigation, the majority of the evidence used by both sides comes from the claim file, also known as the administrative record in ERISA cases. The claim file represents the insurance carrier’s written record of its handling and processing of an...
On Behalf of McKennon Law Group PC | Jan 14, 2010 | Case Updates, Disability Insurance, Disability Insurance News, Discovery, ERISA, ERISA - Administrative Record, Firm News, Insurance Litigation Blog, News
One of the most interesting questions in ERISA litigation is: What constitutes the administrative record for purposes of determining whether the administrator abused its discretion in making a claim determination? Bartholomew v. Unum Life Ins. Co., 579 F. Supp. 2d...
