On Behalf of McKennon Law Group PC | Apr 16, 2020 | ERISA, Insurance Litigation Blog
In the October 2019 matter, McHugh v. Protective Life Insurance, 40 Cal.App.5th 1166 (2019) (“McHugh”), the California Court of Appeals ruled that Insurance Code Sections 10113.71 and 10113.72 only apply to policies issued or delivered after January 1, 2013. This was...
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 | Apr 7, 2020 | ERISA, Insurance Litigation Blog, News
On March 24, 2020, after a bench trial in a 46-page opinion, Eastern District of California federal court Judge Troy Nunley ruled in favor of McKennon Law Group PC’s client in her ERISA lawsuit against her long-term disability insurer MetLife, who had denied her claim...
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 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 10, 2020 | Beneficiaries, Employee Benefits News, ERISA, ERISA - Fiduciary Duty, ERISA - Statute of Limitations, Insurance Litigation Blog, Legal Articles, Life Insurance, Retirement Plans/Pensions, Waiver & Estoppel
In the March 6, 2020 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 Supreme Court of the United States, Intel Corporation Investment...
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...