On Behalf of McKennon Law Group PC | May 24, 2017 | Case Updates, Disability Insurance, Disability Insurance News, ERISA, ERISA - Abuse of Discretion, ERISA - De Novo Review, ERISA - Preemption, ERISA - Standard of Review, Firm News, Health/Medical Insurance, Insurance Litigation Blog, Life Insurance, Policy Interpretation
Disability and life insurers frequently include clauses in their insurance policies affording them complete discretion to decide whether a claim has merit. The clauses usually state the insurer has total discretion to decide whether the claimant is eligible for the...
On Behalf of McKennon Law Group PC | Apr 14, 2017 | Disability Insurance News, ERISA, ERISA - Statute of Limitations, Firm News, Insurance Litigation Blog, Insurance Questions and Concepts, Policy Interpretation
The McKennon Law Group PC periodically publishes articles on its Insurance Litigation and Disability Insurance News blogs that deal with frequently asked questions in insurance bad faith, life insurance, long term disability insurance, annuities, accidental death...
On Behalf of McKennon Law Group PC | Jan 13, 2017 | Disability Insurance, Disability Insurance News, ERISA, ERISA - Statute of Limitations, Firm News, Insurance Litigation Blog, Insurance Questions and Concepts, Policy Interpretation
The McKennon Law Group PC periodically publishes articles on its California Insurance Litigation Blog that deal with frequently asked questions in the insurance bad faith, life insurance, long term disability insurance, annuities, accidental death insurance, ERISA and...
On Behalf of McKennon Law Group PC | Jul 6, 2016 | Case Updates, Disability Insurance, ERISA, Firm News, Insurance Litigation Blog, Policy Interpretation
The “reasonable expectations of the insured” doctrine has been around for decades in California. The state Supreme Court started toying with rules that became its foundation after the turn of the century. See Pac. Heating & Ventilating Co. v. Williamsburgh City...
On Behalf of McKennon Law Group PC | Sep 8, 2015 | Breach of Contract, Case Updates, Firm News, Life Insurance, Policy Interpretation
Group life insurance policies often have confusing language about when they become effective. A trial court recently interpreted one to mean that the policy had not become effective to a full-time employee, though he was already eligible for the coverage, because he...
On Behalf of McKennon Law Group PC | Jul 11, 2015 | Case Updates, Duty to Settle, Firm News, Insurance Litigation Blog, Policy Interpretation
Have you ever wondered whether the liability policy you purchased covers losses you already knew about before you bought the policy? How much do you have to know? What if you knew about certain property damage at a construction project you caused but not about other...
On Behalf of McKennon Law Group PC | Jun 10, 2015 | Case Updates, Disability Insurance, Disability Insurance News, ERISA, Firm News, Insurance Litigation Blog, Insurance Questions and Concepts, Policy Interpretation
Under most long-term disability insurance plans governed by the Employee Retirement Income Security Act of 1974 (“ERISA”), a claimant must appeal the denial of any claim for benefits within 180 days of the denial letter. Unless the appeal is made within that strict...
On Behalf of McKennon Law Group PC | Jun 3, 2015 | Disability Insurance News, Firm News, Insurance Litigation Blog, Policy Interpretation, Property & Casualty Insurance
We do not normally focus on dissents in our blogging but we made an exception here with a published Per Curiam opinion from the Ninth Circuit Court of Appeals, Guam Industrial Services, Inc. v. Zurich American Insurance Co., 2015 DJDAR 5948 (9th Cir. June 1, 2015). ...
On Behalf of McKennon Law Group PC | Apr 30, 2015 | Case Updates, Disability Insurance, Disability Insurance News, ERISA, ERISA - Abuse of Discretion, ERISA - Administrative Record, ERISA - De Novo Review, ERISA - Standard of Review, Firm News, Insurance Litigation Blog, Insurance Questions and Concepts, Policy Interpretation
In actions brought under the Employee Retirement Income Security Act of 1974 (“ERISA”), two roads diverge in federal court—and the court’s choice regarding the applicable standard of review can make all the difference in the scope of permissible evidence. If the...
On Behalf of McKennon Law Group PC | Jan 27, 2014 | Case Updates, Duty to Defend, Firm News, Policy Interpretation
In California, courts have long held that where a policy provision is ambiguous because it is susceptible to multiple interpretations, the reasonable expectation of the covered party governs. But which parties’ objectively reasonable expectations should govern where...
