Court Rules That Choice-of-Law Provision in ERISA Plan to be Given Effect, Court Alters the Standard of Review

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 other areas of the law.  To speak with a highly skilled Los Angeles long-term disability insurance lawyer at …

Read moreCourt Rules That Choice-of-Law Provision in ERISA Plan to be Given Effect, Court Alters the Standard of Review

The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Twelve: The Standard of Review

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 Twelve of this series, …

Read moreThe Basics of an ERISA Life, Health and Disability Insurance Claim – Part Twelve: The Standard of Review

“Sole Cause” Provisions in Accidental Death and Dismemberment Policies: Are ERISA Claimants Getting a Fair Shake?

According to the Centers for Disease Control, unintentional injury is the leading cause of death among people ages 1 to 44.  For this reason, Accidental Death and Dismemberment (“AD&D”) Insurance should be an essential component of insurance coverage for most families.  As preventative care expands and baby boomers remain active, accidental deaths will likely continue …

Read more“Sole Cause” Provisions in Accidental Death and Dismemberment Policies: Are ERISA Claimants Getting a Fair Shake?

A Recent California Supreme Court Decision Clarifies when an Intentional Act with Unforeseen Results is an Accident under a Liability Policy

Generally, an insured will not receive coverage under a liability policy when they intentionally cause the loss or injury for which they are seeking coverage.  As expected, insurers regularly deny claims when they are able to characterize an insured’s conduct as intentional, even when the damage or injury caused was accidental or not intended by …

Read moreA Recent California Supreme Court Decision Clarifies when an Intentional Act with Unforeseen Results is an Accident under a Liability Policy

Accidental Death & Dismemberment Policies: When Is a Death Considered Accidental?

Accidental Death & Dismemberment (AD&D) insurance pays the insured and his or her beneficiaries a set amount of money if the insured’s death or dismemberment is the direct result of an “accident.”  In the event of a death caused by an accident or an accident that results in the insured losing his or her eyesight, …

Read moreAccidental Death & Dismemberment Policies: When Is a Death Considered Accidental?

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