Department of Labor and Internal Revenue Service Provide Beneficiaries and Administrators Additional Time to Address Matters Related to ERISA and COBRA

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 …

Read moreDepartment of Labor and Internal Revenue Service Provide Beneficiaries and Administrators Additional Time to Address Matters Related to ERISA and COBRA

McKennon Law Group’s Client Wins ERISA Pension Lawsuit

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

Discovery in De Novo Review ERISA Cases: Court Grants Plaintiff’s Request for Bias Discovery Concerning Paper Reviewing Consultants

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 …

Read moreDiscovery in De Novo Review ERISA Cases: Court Grants Plaintiff’s Request for Bias Discovery Concerning Paper Reviewing Consultants

California Supreme Court to Review the Court of Appeal’s Ruling in McHugh v. Protective Life Insurance

In the October 2019 matter, McHugh v. Protective Life Insurance, 40 Cal.App.5th 1166 (2019) (“McHugh”), the California Court of Appeals ruled that Insurance Code Sections 10113.71 and 10113.72 only apply to policies issued or delivered after January 1, 2013.  This was an unfortunate ruling that did not protect insureds who have paid premiums for years …

Read moreCalifornia Supreme Court to Review the Court of Appeal’s Ruling in McHugh v. Protective Life Insurance

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

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 record. The administrative record consists of all the …

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

McKennon Law Group PC Wins ERISA Disability Trial against Long-Term Disability Insurer MetLife

On March 24, 2020, after a bench trial in a 46-page opinion, Eastern District of California federal court Judge Troy Nunley ruled in favor of McKennon Law Group PC’s client in her ERISA lawsuit against her long-term disability insurer MetLife, who had denied her claim for long-term disability benefits. She had worked for Kaiser Permanente …

Read moreMcKennon Law Group PC Wins ERISA Disability Trial against Long-Term Disability Insurer MetLife

The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Nine: Insurer Reliance on Sub Rosa Surveillance

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 Nine of this series, …

Read moreThe Basics of an ERISA Life, Health and Disability Insurance Claim – Part Nine: Insurer Reliance on Sub Rosa Surveillance

After McKennon Law Group PC Aggressively Won Case and Filed Attorney’s Fees Motion, District Judge David O. Carter Awards Plaintiff in ERISA Disability Case Nearly $90,000 in Attorneys’ Fees, Costs and Interest

Under the Employee Retirement Income Security Act of 1974 (“ERISA”), an employee who prevails in a lawsuit against his insurance company to collect ERISA-governed plan benefits – including life, health, disability or accidental death benefits – is entitled to recover his attorneys’ fees incurred in the lawsuit.  The Supreme Court in Hardt v. Reliance Standard …

Read moreAfter McKennon Law Group PC Aggressively Won Case and Filed Attorney’s Fees Motion, District Judge David O. Carter Awards Plaintiff in ERISA Disability Case Nearly $90,000 in Attorneys’ Fees, Costs and Interest

Ninth Circuit Affirms $2.5 Million Punitive Damages Award Against Disability Insurer in Arizona Bad Faith Case

When insurance companies, including those offering disability, life, health or accidental death policies, engage in conduct that is sufficiently egregious, a court may award punitive damages against the insurance company.  Under Arizona law, to support an award of punitive damages in an insurance bad faith case, the plaintiff must prove a willful and knowing failure …

Read moreNinth Circuit Affirms $2.5 Million Punitive Damages Award Against Disability Insurer in Arizona Bad Faith Case

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

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 Policy Committee v. Sulyma, which upheld the Ninth Circuit’s holding …

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

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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.

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