In an Important Ruling in a McKennon Law Group PC Case, Judge Stephen Wilson Rules That Temporary Life Insurance Policy Was Potentially Created

Many people acquire life insurance in order to guarantee that their loved ones are provided for in the event of their death.  For most people, the policy is acquired, and it just becomes another monthly bill they rarely think about.  However, on occasion, life takes a tragic turn and the insured who just applied for a …

Read moreIn an Important Ruling in a McKennon Law Group PC Case, Judge Stephen Wilson Rules That Temporary Life Insurance Policy Was Potentially Created

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

Second Circuit Finds Plaintiff Properly Plead Theories of Equitable Estoppel, Surcharge, Reformation and Breach of Fiduciary Duties to Hold Plan Administrator to Promise After Its Clerical Error Provided Over 50x Policy Value

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 …

Read moreSecond Circuit Finds Plaintiff Properly Plead Theories of Equitable Estoppel, Surcharge, Reformation and Breach of Fiduciary Duties to Hold Plan Administrator to Promise After Its Clerical Error Provided Over 50x Policy Value

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

Coronavirus: California Insurance Commissioner Orders Policyholder Safeguards

Coronavirus, or COVID-19, has hit California extremely hard.  Since the outbreak, there have been many questions from clients regarding what kind of impact the novel coronavirus (COVID-19) will have on the ability of policyholders to maintain and utilize their insurance policies. While the situation continues to change from day to day, on April 3, 2020, …

Read moreCoronavirus: California Insurance Commissioner Orders Policyholder Safeguards

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?

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”

Los Angeles Daily Journal Publishes Article on August 28, 2019 by Robert McKennon Entitled “Ruling Could Send Shock Waves Through ERISA Claims Industry”

In the August 28, 2019 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 Ninth Circuit Court of Appeals, Dorman v. Charles Schwab, which overruled the Ninth Circuit precedent Amaro v. Continental Can …

Read moreLos Angeles Daily Journal Publishes Article on August 28, 2019 by Robert McKennon Entitled “Ruling Could Send Shock Waves Through ERISA Claims Industry”

McBean v. United of Omaha Life: Judge Anello Finds Employer Liable for Breach of Fiduciary Duty, Orders Payment of Life Insurance Policies’ Face Value under Equitable Surcharge Theory

McBean v. United of Omaha Life: Judge Anello Finds Employer Liable for Breach of Fiduciary Duty, Orders Payment of Life Insurance Policies’ Face Value under Equitable Surcharge Theory Application of the doctrine of “equitable surcharge” in ERISA has become a very significant theory of recovery for ERISA plan participants in obtaining their life insurance and …

Read moreMcBean v. United of Omaha Life: Judge Anello Finds Employer Liable for Breach of Fiduciary Duty, Orders Payment of Life Insurance Policies’ Face Value under Equitable Surcharge Theory

Ten Things to Consider and Look For in Your ERISA Life and/or Accidental Death and Dismemberment (AD&D) Insurance Plans When You Select Benefits or File a Claim

1. Obtain a full copy of your plan. The full plan will not typically be a benefit summary or a print-out from a website. It will be fairly long and many definitions and it will recite your ERISA plan terms, policies and procedures for filing a life insurance or AD&D claim and handling the claim, …

Read moreTen Things to Consider and Look For in Your ERISA Life and/or Accidental Death and Dismemberment (AD&D) Insurance Plans When You Select Benefits or File a Claim

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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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