On Behalf of McKennon Law Group PC | Nov 6, 2018 | Accidental Death or Dismemberment, ERISA, ERISA - Equitable Relief, ERISA - Fiduciary Duty, Firm News, Insurance Litigation Blog, Life Insurance, Waiver & Estoppel
In a previous blog, we addressed the doctrines of equitable estoppel and waiver when the Employee Retirement Income Security Act of 1974 (“ERISA”) governs their insurance or pension plan. As we explained, both doctrines provide an insured with methods of forcing an...
On Behalf of McKennon Law Group PC | Oct 16, 2018 | ERISA, ERISA - Equitable Relief, Firm News, Insurance Litigation Blog, Life Insurance, Waiver & Estoppel
Waiver and equitable estoppel serve as some of the legal systems’ fundamental checks on the fairness of a party’s actions. Both doctrines serve to prevent an individuals and insurers from performing actions contradictory to what they have previously guaranteed or...
On Behalf of McKennon Law Group PC | Mar 31, 2015 | Case Updates, Disability Insurance, Disability Insurance News, ERISA, ERISA - Equitable Relief, ERISA - Fiduciary Duty, Firm News, Insurance Litigation Blog
In December 2013, we published an article highlighting the Sixth Circuit Court of Appeals’ bold decision to award the plaintiff disability benefits plus $2.8 million in disgorged earnings, as a potential “game-changer” in Employee Retirement Income Security Act of...
On Behalf of McKennon Law Group PC | Jan 10, 2015 | ERISA, ERISA - Equitable Relief, Firm News
The January 8, 2015 edition of the Los Angeles Daily Journal featured Robert McKennon and Scott Calvert’s article entitled: “Expanding Equitable Remedies in ERISA Cases.” In it, Mr. McKennon and Mr. Calvert discuss a new case, Gabriel v. Alaska Electrical Pension...
On Behalf of McKennon Law Group PC | Dec 24, 2014 | Case Updates, ERISA, ERISA - Equitable Relief, Firm News
Since the Supreme Court’s decision in Massachusetts Mutual Life Insurance Co. v. Russell, 473 U.S. 134 (1985), the courts have grappled with the issue of the extent to which equitable remedies are available under the Employee Retirement Income Security Act (“ERISA”). ...
On Behalf of McKennon Law Group PC | Jun 26, 2014 | Case Updates, ERISA, ERISA - Equitable Relief, Firm News, Life Insurance
The Employee Retirement Income Security Act of 1974 (“ERISA”) seeks to protect participants in employer-sponsored plans, but lack of adequate communication and transparency is an often an unfortunate byproduct of the insurance industry. The California district court...
On Behalf of McKennon Law Group PC | Dec 13, 2013 | Case Updates, Disability Insurance, Disability Insurance News, ERISA, ERISA - Equitable Relief, ERISA - Fiduciary Duty, Firm News, Insurance Litigation Blog
While this blog often discusses disability, life and health insurance/employee benefit decisions under the Employee Retirement Income Security Act of 1974 (“ERISA “), we rarely discuss federal circuit court of appeal decisions from outside the Ninth Circuit Court of...
On Behalf of McKennon Law Group PC | May 21, 2013 | Disability Insurance, Disability Insurance News, ERISA, ERISA - Equitable Relief, Firm News, Insurance Litigation Blog
Keith Parker, an excellent mediator who specializes in mediating ERISA matters, authored the following article on “Recovery of Overpayments Under ERISA” We at the McKennon Law Group PC are happy to recommend this outstanding article for your reading. We include the...
On Behalf of McKennon Law Group PC | Jul 11, 2012 | Case Updates, Disability Insurance, Disability Insurance News, ERISA, ERISA - Equitable Relief, Firm News, Insurance Litigation Blog
The Wednesday July 11, 2012 edition of the Los Angeles Daily Journal featured Robert McKennon’s and Scott Calvert’s article entitled: “Equitable Relief in the Ninth Circuit Just Got Better for Consumers.” In it, Mr. McKennon and Mr. Calvert discuss two important...