In this several-part blog series titled The Basics of an ERISA Life, Health and Disability Insurance Claim, we discuss the basics of an ERISA life, health, accidental death and dismemberment and disability claim, from navigating a claim to handling a claim denial, through preparing a case for litigation. In Part Eleven of this series, we …
Disabled claimants who suffer from conditions like myalgic encephalomyelitis/Chronic Fatigue Syndrome (ME/CFS) often face difficult hurdles in getting their disability benefits paid because of the subjective nature of these conditions. There is no objective test,such as an imaging study or blood test, to definitively prove that someone is feeling tired or weak. Yet, the medical …
Insurance companies owe a duty of good faith and fair dealing to the persons they insure. This duty is often referred to as the “implied covenant of good faith and fair dealing” which automatically exists by law in every insurance contract. They often defend “bad faith” litigation by invoking a what is known as the …
Big, bureaucratic insurance companies and plan administrators can often mistakenly calculate benefits or provide incorrect accountings to insureds. These mistakes can become especially pronounced over time where insureds rely upon benefit accountings and representations of coverage to plan for their financial future and to decide whether to purchase insurance. With the Supreme Court’s decision in …
In this several-part blog series titled The Basics of an ERISA Life, Health and Disability Insurance Claim, we discuss the basics of an ERISA life, health, accidental death and dismemberment and disability claim, from navigating a claim to handling a claim denial and through preparing a case for litigation. In Part Ten of this series, …
On May 26, 2020, in the matter of Karen Fogerty v. Aetna Life Insurance Company, Case No. 2:19-cv-03018-DSF-GJS, Judge Dale S. Fischer of the U.S. District Court, Central District of California granted the McKennon Law Group PC’s motion for attorneys’ fees after its client prevailed in her ERISA lawsuit. Aetna had wrongfully denied Fogerty’s disability …
COVID-19 has disrupted nearly every facet of life. The insurance industry is no exception. However, unlike some industries, the insurance industry is governed by a statutorily mandated and rigid system of deadlines imposed by various federal laws. Two of the most important laws are the Employee Retirement Income Security Act of 1974 (“ERISA”) and the …
On April 1, 2020, Judge Janet Hall of the District of Connecticut ruled in favor of McKennon Law Group PC’s clients in their ERISA lawsuit against the administrator of their pension benefits, Henkel of America, Inc. Henkel had previously denied their claim for pension benefits, and our clients sued Henkel to obtain the benefits they …
Read moreMcKennon Law Group’s Client Wins ERISA Pension Lawsuit
In ruling on an action to recover ERISA benefits, a court generally considers only the evidence contained in the administrative record. However, in certain circumstances, a plaintiff in an ERISA case may be able to introduce evidence outside of the administrative record either by way of discovery or a motion to augment the administrative record.The …
On April 6, 2020, in the matter of Vicky Ibarra v. Hartford Life and Accident Ins. Co., Case No. 8:19-cv-00333-DOC-DFM, Judge David O. Carter of the U.S. District Court, Central District of California granted the McKennon Law Group PC’s motion for attorneys’ fees and costs after its client prevailed in her ERISA lawsuit. Hartford had wrongfully …
Address: 20321 SW Birch St. Suite 200
Newport Beach, CA 92660
Phone: 800-682-4137
We also have offices in Los Angeles, San Diego and San Francisco.
