When Can a Disability Claimant Obtain Discovery in an ERISA Suit When the De Novo Review Standard Applies?

On Behalf of | 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...

Los Angeles Daily Journal Publishes Article on March 6, 2020 by Robert McKennon Entitled “Victory for Plan Beneficiaries in US Supreme Court Ruling”

On Behalf of | 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...

Los Angeles Daily Journal Publishes Article on August 28, 2019 by Robert McKennon Entitled “Ruling Could Send Shock Waves Through ERISA Claims Industry”

On Behalf of | Sep 4, 2019 | Accidental Death or Dismemberment, Disability Insurance, Disability Insurance News, ERISA, Firm News, Insurance Litigation Blog, Legal Articles, Life Insurance, News, Retirement Plans/Pensions

In the August 28, 2019 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 Ninth Circuit Court of Appeals, Dorman v. Charles Schwab, which...

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...

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...

Discovery Disputes in ERISA Breach of Fiduciary Duty Cases: Do the Usual Limitations Apply?

On Behalf of | Dec 27, 2018 | Accidental Death or Dismemberment, Disability Insurance, Discovery, ERISA, ERISA - Administrative Record, Firm News, Insurance Litigation Blog, Life Insurance

Discovery Disputes in ERISA Breach of Fiduciary Duty Cases: Do the Usual Limitations Apply? The Employee Retirement Income Security Act of 1974 (“ERISA”) manages many of the benefits people receive from their employers.  These benefits include short-term and long-term...

Breach of Fiduciary Duty under ERISA: Making the Insurer or Plan Administrator Responsible for their actions towards a Plan’s Participants and Beneficiaries

On Behalf of | 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...

Los Angeles Daily Journal Publishes Article on October 26, 2018 by Robert McKennon Entitled “Court says insurer can’t dodge coverage through ‘technical escape hatch’”

On Behalf of | Oct 29, 2018 | Accidental Death or Dismemberment, Disability Insurance, ERISA, Firm News, Insurance Litigation Blog, Legal Articles, Life Insurance, News

In the October 26, 2018 issue of the Los Angeles Daily Journal, the Daily Journal published an article written by the McKennon Law Group’s Robert J. McKennon.  The article addresses a recent case by the California Court of Appeal, which held that the notice-prejudice...

Waiver and Estoppel in the Ninth Circuit Post Salyers v. Metropolitan Life Ins. Co.

On Behalf of | 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...

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...