Robert McKennon and Stephanie Talavera Publish Article in the Los Angeles Daily Journal: “Ruling Addresses When A Third-party Acts as ERISA Fiduciary”

ERISA protects employees from abuse of their employer-sponsored benefit plans by establishing procedural protections and codifying fiduciary relationships. Under ERISA, plan fiduciaries must administer the plan in accordance with their duties of loyalty and prudence. While the employer who formed the plan is always a fiduciary under ERISA, other parties, such as the insurer or …

Read moreRobert McKennon and Stephanie Talavera Publish Article in the Los Angeles Daily Journal: “Ruling Addresses When A Third-party Acts as ERISA Fiduciary”

Agents, Brokers and Rescission of Insurance Policies

Generally, an insurer need not investigate statements made in an application for insurance, subject to certain exceptions. Instead, the potential policyholder or applicant must fully disclose all known material information. If a potential insured does not correctly disclose information on an application (even innocently), the insurer may later try to rescind the insurance policy. When …

Read moreAgents, Brokers and Rescission of Insurance Policies

How to Fight ERISA Long-Term Disability Claims Denials: The Use of Personal Statements

Pain is a highly subjective, personal phenomenon. Only the person suffering from pain can adequately describe that pain and how that person is affected by the pain. And we know that one person may be capable of tolerating a completely different threshold of pain when compared to another person. Similarly, reports of fatigue vary widely …

Read moreHow to Fight ERISA Long-Term Disability Claims Denials: The Use of Personal Statements

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Newport Beach, CA 92660

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