Cassim v. Allstate Insurance: Attorney’s Fees in Contingency-Fee “Bad Faith” Cases

On Behalf of | Jul 26, 2019 | Bad Faith, Disability Insurance, ERISA, ERISA - Attorneys' Fees, Firm News, Health/Medical Insurance, Insurance Litigation Blog, Legal Articles

Since 2004, when the California Supreme Court ruled that a “portion” of contingency attorney’s fees are recoverable in bad-faith insurance cases, plaintiffs and their lawyers have been able to recover attorney’s fees based in part on the specific terms of the...

McBean v. United of Omaha Life: Judge Anello Finds Employer Liable for Breach of Fiduciary Duty, Orders Payment of Life Insurance Policies’ Face Value under Equitable Surcharge Theory

On Behalf of | Jul 2, 2019 | ERISA, Firm News, Insurance Litigation Blog, Legal Articles, Life Insurance

McBean v. United of Omaha Life: Judge Anello Finds Employer Liable for Breach of Fiduciary Duty, Orders Payment of Life Insurance Policies’ Face Value under Equitable Surcharge Theory Application of the doctrine of “equitable surcharge” in ERISA has become a very...

In Harlow v. MetLife, Judge Bernal Brings Clarity to Disputes Involving “Reasonable” Attorneys’ Fees Adopting Standards Favorable to ERISA Claimants

On Behalf of | Jun 19, 2019 | Disability Insurance, Disability Insurance News, ERISA, Firm News, Insurance Litigation Blog, Legal Articles

The topic of attorneys’ fees has long been of interest to insurance lawyers and clients alike.  Recently, the courts have grappled with issues such as: When are attorneys’ fees recoverable? What types of billing practices are reasonable?  What are reasonable hourly...

Court Finds Regional Claims Administrator Qualifies as a “Managing Agent” of an Insurance Company, Justifying an Award of Punitive Damages

On Behalf of | May 29, 2019 | Bad Faith, Breach of Contract, Duty to Settle, Firm News, 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.  California Civil Code Section 3294 (“Section...

Robert J. McKennon and Joseph S. McMillen to Present “ERISA and California Bad Faith Litigation, Hot Topics and Trends in Disability, Life and Health Insurance Claims” Seminar for OCBA on June 13, 2019

On Behalf of | May 17, 2019 | Firm News, Insurance Litigation Blog, News Blog

McKennon Law Group PC’s founding and managing shareholder, Robert J. McKennon and senior attorney, Joseph S. McMillen, will speak on an MCLE panel for the Orange County Bar Association on June 13, 2019, discussing “ERISA and California Bad Faith Litigation, Hot Topics...

Tenth Circuit Finds that Policy Terms in an ERISA Plan Did Not Unequivocally Grant an ERISA Administrator Discretion to Interpret Plan Terms, Applies De Novo Review

On Behalf of | May 17, 2019 | Disability Insurance, ERISA, ERISA - Standard of Review, Firm News, Insurance Litigation Blog, Policy Interpretation

Insurance companies acting as ERISA plan administrators often are guilty of abusing their discretion to interpret policy language related to the level of benefits payable to a claimant under a long-term disability (“LTD”) policy in a manner most beneficial to them,...

“Own Occupation” Duties in a Long-Term Disability Policy Governed by ERISA: Does a Court Favor Those Listed in the Description of One’s Actual Job, or Those Performed in the National Economy?

On Behalf of | Apr 12, 2019 | Disability Insurance News, Firm News, Insurance Litigation Blog

“Own Occupation” Duties in a Long-Term Disability Policy Governed by ERISA: Does a Court Favor Those Listed in the Description of One’s Actual Job, or Those Performed in the National Economy? Sometimes a legal dispute comes down to the simple interpretation of the...

Ten Things to Consider and Look For in Your ERISA Life and/or Accidental Death and Dismemberment (AD&D) Insurance Plans When You Select Benefits or File a Claim

On Behalf of | Mar 18, 2019 | Accidental Death or Dismemberment, ERISA, ERISA - Administrative Record, ERISA - Statute of Limitations, Firm News, Insurance Litigation Blog, Insurance Questions and Concepts, Life Insurance

1. Obtain a full copy of your plan. The full plan will not typically be a benefit summary or a print-out from a website. It will be fairly long and many definitions and it will recite your ERISA plan terms, policies and procedures for filing a life insurance or...

Ten Things to Consider and Look For in Your ERISA Short-Term and Long-Term Disability Plans When Selecting Benefits or You Want to File a Claim

On Behalf of | Feb 28, 2019 | Disability Insurance, ERISA, ERISA - Administrative Record, ERISA - Statute of Limitations, Firm News, Insurance Litigation Blog, Insurance Questions and Concepts

1. Obtain a full copy of your plan and administrative record. The full plan will not typically be a benefit summary or a print-out from a website.  It will be fairly long and many definitions and it will recite your ERISA plan terms, policies and procedures for filing...