On Behalf of McKennon Law Group PC | Nov 30, 2015 | Breach of Contract, Disability Insurance, Disability Insurance News, ERISA, ERISA - Preemption, Health/Medical Insurance, Insurance Litigation Blog, Life Insurance, News
Insureds obligingly pay premiums on their life, health and disability insurance policies and dutifully provide updated information upon request by their insurers, but often do not enjoy the same courtesy when they file an insurance claim. In extreme cases,...
On Behalf of McKennon Law Group PC | Dec 16, 2014 | Firm News, Health/Medical Insurance, Insurance Commissioner
On Sunday December 14, 2014, CBS’ 60 Minutes program contained a segment entitled “Denied” which highlights that insurers routinely deny, based on lack of medical necessity, treatment for patients with mental illnesses, especially those for long-term in-patient care...
On Behalf of McKennon Law Group PC | Nov 18, 2014 | Case Updates, Firm News, Health/Medical Insurance, Legislation
The Federal Mental Health Parity and Addiction Equity Act (“MH Parity Act”) requires, at a minimum, that the financial requirements and treatment limitations for mental health benefits set by group health plans and health insurance carriers be no more restrictive than...
On Behalf of McKennon Law Group PC | Sep 16, 2014 | ERISA, ERISA - Abuse of Discretion, ERISA - Administrative Record, ERISA - Conflict of Interest, ERISA - Fiduciary Duty, ERISA - Standard of Review, Firm News, Health/Medical Insurance
Sometimes an administrator so unashamedly abuses its discretion in handling an insurance claim that its actions constitute a textbook example of “what not to do” for other administrators and the ensuing decision provides a clear illustration of how courts apply an...
On Behalf of McKennon Law Group PC | Apr 15, 2013 | ERISA, ERISA - Abuse of Discretion, Firm News, Health/Medical Insurance
A recent Ninth Circuit Court of Appeals decision reaffirmed the need for plan administrators to state the reasoning behind their denial of coverage. In Lukas v. United Behavioral Health, __ F.3d __, 2013 U.S. App. LEXIS 1230 (9th Cir. Jan. 17, 2013) the Ninth...
On Behalf of McKennon Law Group PC | Mar 8, 2012 | Firm News, Health/Medical Insurance, Policy Interpretation
In the unpublished case of Probst v. Superior Court (Health Net of California, Inc., et al), No. A133742 (March 6, 2012), Division Five of the First Appellate District refused to enforce an arbitration provision in an enrollment form. Brian Probst (who filed a...
On Behalf of McKennon Law Group PC | Feb 27, 2012 | Case Updates, Firm News, Health/Medical Insurance, Punitive Damages
In a victory for health insurance policy holders over health insurers/health care service plans, in Kaiser Foundation Health Plan, Inc, v. Superior Court (Rahm, et al, Real Parties), 2012 Cal. App. LEXIS 138 (Cal. App. 2d Dist. Feb. 15, 2012), the Court of Appeals...
On Behalf of McKennon Law Group PC | Feb 9, 2012 | Disability Insurance, Disability Insurance News, Firm News, Health/Medical Insurance, Life Insurance, News, Super Lawyer
Los Angeles – Noted Southern California insurance and business litigator Robert J. McKennon was featured in the “Southern California Legal Profiles” section of the January 2012 issue of Forbes Magazine in an article highlighting his experience as a top Southern...
On Behalf of McKennon Law Group PC | Nov 9, 2011 | ERISA, ERISA - Preemption, Firm News, Health/Medical Insurance, Unfair Business Practices/Unfair Competition
In a recent decision, the Ninth Circuit Court of Appeals ruled that ERISA does not preempt causes of action based on unfair insurance practice claims brought under Montana’s Unfair Trade Practices Act. However, the Court did find that Montana’s so-called “little...
On Behalf of McKennon Law Group PC | Sep 7, 2011 | Case Updates, ERISA, ERISA - Abuse of Discretion, Firm News, Health/Medical Insurance
In an important decision, the Ninth Circuit Court of Appeals ruled that California’s Mental Health Parity Act (“Parity Act” ) requires that health insurers cover certain medically necessary treatment for certain mental illnesses, even if the insurance policy...
