A “Three-Year” Limitations Period in a Disability Policy Can Extend California’s Two-Year Statutory Limitations Period for Insurance Bad Faith

On Behalf of | Aug 6, 2019 | Disability Insurance, Firm News, Health/Medical Insurance, Insurance Litigation Blog, Legal Articles

Life, health and disability insurers are always looking for ways to deny insurance claims. When they do so unreasonably, insured policyholders may be able to sue them for insurance bad faith under California law. Count on insurers to argue everything they can to...

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...

Insurance Company Bias in ERISA Cases: Hartford’s History of Bias and Discovery of an Insurer’s Biased Claims Administration Process

On Behalf of | 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...

The Latest Frontier for Forum Selection Clauses: ERISA Policies

On Behalf of | Jul 26, 2018 | Accidental Death or Dismemberment, ERISA, Firm News, Health/Medical Insurance, Insurance Litigation Blog, Life Insurance

Letters denying an insured’s claim often end by listing what steps an insured can take to challenge an unfavorable determination.  Assuming all administrative appeals have been exhausted, this generally involves filing a lawsuit. Depending on the language in the...

When Guarding the Henhouse, Some Foxes Go Rogue: When an Insurer’s Conflict of Interest Factors into Administrating Group Long-Term Disability ERISA Plans

On Behalf of | Jul 25, 2018 | Accidental Death or Dismemberment, Disability Insurance, Disability Insurance News, ERISA, ERISA - Abuse of Discretion, ERISA - Conflict of Interest, Firm News, Health/Medical Insurance, Insurance Litigation Blog, Life Insurance, News

Few Americans can retire on their savings alone.  Many workers participate in an employee benefits plans, which serve to provide financial security in case of disability or retirement.  In the case of insurers that decide who qualifies for life, health and disability...

Orange County Lawyer Publishes Article in July 2018 edition by Robert J. McKennon Entitled “Insurers’ Intermediaries: The Implications of Actions Taken by Agents, Employers, and Third-Party Administrators”

On Behalf of | Jul 13, 2018 | Accidental Death or Dismemberment, Agent/Broker, Bad Faith, Disability Insurance, ERISA, Firm News, Health/Medical Insurance, Legal Articles, Life Insurance

In July 2018, The Orange County Bar Association published an article written by Robert J. McKennon and Stephanie L. Talavera of the McKennon Law Group PC in the Orange County Lawyer.  The article addresses the liability implications of the relationship between...

Opportunistic Rescission: When Do Insurers Waive their Right to Rescind an Insurance Policy?

On Behalf of | Jul 12, 2018 | Accidental Death or Dismemberment, Agent/Broker, Disability Insurance, Disability Insurance News, Firm News, Health/Medical Insurance, Insurance Litigation Blog, Life Insurance, News, Rescission, Waiver & Estoppel

All too often, we see insurance companies deny insurance claims by attempting to opportunistically rescind insurance policies. This practice has become more prevalent in recent years as insurers look for ways to deny insurance claims. Anyone who has purchased a...

Ninth Circuit Interprets the Health Parity Act in Favor of Insureds Seeking Health Insurance Benefits

On Behalf of | Jun 14, 2018 | ERISA, Firm News, Health/Medical Insurance, Insurance Litigation Blog, Legal Articles, News

Insurance companies often attempt to provide different levels of benefits for the treatment of physical injuries and mental health issues in the same policy.  Mental health parity describes the equal treatment of mental health conditions and non-mental health...

Los Angeles Daily Journal Publishes Small Firm Profile on the McKennon Law Group PC Entitled “Shifting Allegiance: No Longer Insurers’ Advocates, McKennon Law Group Attorneys Stand Up for Policyholders”

On Behalf of | May 10, 2018 | Bad Faith, Breach of Contract, Disability Insurance, ERISA, Firm News, Health/Medical Insurance, Insurance Bad Faith, Insurance Litigation Blog, Legal Articles, Life Insurance, Long Term Care Insurance, News, Retirement Plans/Pensions

In the May 7, 2018 issue of the Los Angeles Daily Journal, Daily Journal Staff Writer Melanie Brisbon authored a “small firm profile” article on the McKennon Law Group PC. The article covers the firm’s path to success, starting with its unconventional background:...

Bad Faith Claims Handling: California Department of Insurance Investigates Aetna’s Health Claim Denials

On Behalf of | Feb 21, 2018 | Bad Faith, Breach of Contract, Disability Insurance, Disability Insurance News, ERISA, Firm News, Health/Medical Insurance, Insurance Bad Faith, Legal Articles

On our blog, we frequently discuss the improper tactics insurers use to deny legitimate claims for life, health, disability and other forms of insurance. For our latest article on the pervasive problem in health insurance claims denials, see...