The April 1, 2015 edition of the Los Angeles Daily Journal features an article written by Robert McKennon and Joseph McMillen of the McKennon Law Group entitled: “When Insurers Rescind, They Must Act Fast.” In the article, Mr. McKennon and Mr. McMillen discuss the California Court of Appeal’s decision in DuBeck v. California Physicians’ Service, 2015 DJDAR 2629 (Cal. App. 2d Dist. Mar. 5, 2015), which held that Blue Shield of California waived its right to rescind her health insurance policy and, therefore, her claim was covered.
Prominent Insurance Attorney Joe S. McMillen Joins McKennon Law Group PC
The McKennon Law Group is proud to announce that prominent insurance attorney Joe S. McMillen has joined the Firm. Like the other attorneys of the Firm, Mr. McMillen has a stellar academic background, graduating in the top 1% of his class at University of California at Los Angeles, before earning his juris doctorate at the University of San Diego, School of Law. He is admitted to all federal and state courts in California, and has been admitted pro hac vice in Hawaii, Kansas, Missouri, Nevada, South Carolina, Utah and Washington.
In addition to his academic credentials, Mr. McMillen brings two decades of experience litigating insurance coverage and bad faith claims, as well as complex business disputes, representing plaintiffs/insureds. Mr. McMillen has significant experience in every aspect of the litigation process, and over the course of his twenty-year career, he has taken hundreds of depositions, participated in numerous mediations, arbitrations and trials.
We are excited to welcome Mr. McMillen to the firm, and he is enthusiastic to use his vast experience and knowledge to assist the firm’s clients in obtaining the benefits/damages to which they are rightfully entitled.
Robert J. McKennon Recognized as 2015 “Super Lawyer”
McKennon Law Group PC is proud to announce that its founding shareholder Robert J. McKennon has been recognized as one of Southern California’s “Super Lawyers” and appears in the 2015 edition of Southern California Super Lawyers magazine published today. Mr. McKennon has received this designation every year since 2011.
Each year, Super Lawyers magazine, which is published in all 50 states and reaches more than 14 million readers, names attorneys in each state who attain a high degree of peer recognition and professional achievement. The Super Lawyer designation is given to less than 5% of lawyers nationally after being nominated and voted on by their peers.
In addition, the American Society of Legal Advocates has recognized Mr. McKennon as one of the top 100 Insurance lawyers in the State of California for 2015. The American Society of Legal Advocates is an invitation-only, nationwide organization of top lawyers in practice today who combine excellent legal credentials with a proven commitment to community engagement and the highest professional standards.
Mr. McKennon was also awarded the designation of 2015 “Top Rated Lawyer in Insurance Law and Coverage” by American Lawyer Media and Martindale Hubbell, leading providers of news and rating information to the legal industry.
Expanding Equitable Remedies in ERISA Cases
The January 8, 2015 edition of the Los Angeles Daily Journal featured Robert McKennon and Scott Calvert’s article entitled: “Expanding Equitable Remedies in ERISA Cases.” In it, Mr. McKennon and Mr. Calvert discuss a new case, Gabriel v. Alaska Electrical Pension Fund, 2014 DJDAR 16590 (9th Cir. 2014), which discusses equitable remedies in ERISA cases and in particular how the Ninth Circuit Court of Appeals has joined other circuits in allowing various equitable remedies, most especially the surcharge remedy which may allow ERISA claimants to obtain monetary relief.
Nine consumer protection bills sponsored by insurance commissioner signed into law in 2014
Insurance Commissioner Dave Jones announced that during the 2014 legislative session that Governor Jerry Brown signed nine bills sponsored by the California Department of Insurance (“CDI”). A bill that adds protections for small businesses that took effect in 2014 and five other consumer protection bills that were implemented January 1, 2015. Here is a list of them (taken from a CDI bulletin):
SB 1273, authored by Senator Ricardo Lara (D-Bell Gardens) – Low Cost Auto Insurance Expansion
The signing of SB 1273 was the single most important action taken this year to reduce the number of uninsured vehicles on our roads. The law enhances the California Low Cost Auto program by allowing more low-income individuals the opportunity to purchase low cost auto insurance, most importantly the estimated 1.4 million newly-licensed undocumented individuals who may apply for licenses starting January 2015.
AB 1804, authored by Assembly Member Henry Perea (D-Fresno) – Back-up contact
Requires insurers to provide consumers the option to designate a third party as a back-up contact and receive notification from their insurance carrier if their policy is in danger of lapsing, expiring, being terminated or canceled due to nonpayment of premium. This new law benefits both insurers and consumers by promoting continual insurance among automobile, homeowners and disability income insurance policyholders, especially seniors and members of the military who move often or are deployed, and may unintentionally have their policies terminated due to nonpayment. This will take effect January 1, 2016.
SB 1446, authored by Senator Mark DeSaulnier (D-Concord) – Small business protections
This small employer health coverage urgency bill is a victory for all California small businesses. The new law provides small employers who need time to transition to Affordable Care Act compliant policies additional time to make the transition. Small employers with non-grandfathered health insurance coverage purchased by December 31, 2013 have the option to renew their existing coverage for one year, rather than be required to move to new coverage by December 2014.
AB 2056, authored by Assembly Member Matthew Dababneh (D-Encino) – Pet insurance
Under AB 2056 pet insurers are required to disclose important information regarding their policies, standardize definitions and provide consumers with a 30-day free look period. As of July 1, 2015, pet insurers will be required to disclose baseline information regarding their policies such as reimbursement benefits, pre-existing condition limitations and a clear explanation of limitations of coverage including coinsurance, waiting periods, deductibles and annual or lifetime policy limits.
AB 2347, authored by Assembly Member Lorena Gonzalez (D-San Diego) – Annuity disclosures
Consumer protection and helping seniors avoid possible financial hardship is paramount to the mission of the Department of Insurance. Seniors now have more protection with the new annuity disclosure requirements provided by AB 2347. The new law requires disclosure language on the front of the policy jacket or on the cover sheet for an immediate annuity that aligns with the disclosure language already required for the more common deferred annuity products. This bill will go into effect July 1, 2015.
AB 2128, authored by Assembly Member Richard Gordon (D-Menlo Park) – Community development investments
Reforms the California Organized Investment Network (COIN) Program to better focus on finding and facilitating insurance industry investments that provide economic and social benefits to California’s underserved communities. The new law requires insurers who write $100 million or more in California premium to provide information to the commissioner, by July 1, 2016, on all of its community development investments, including infrastructure and green investments, as well as streamlining reporting requirements. This bill also clarifies an important element of the law authorizing the insurance commissioner to survey insurers’ supplier diversity efforts, which is part of Commissioner Jones’ Insurance Diversity Initiative.
AB 2734, authored by the Assembly Committee on Insurance – Omnibus provisions
This omnibus bill clarifies and improves various sections of the Insurance Code, the body of law that provides for consumer protections and regulation of insurance companies. Specifically it provides the Locomotive Engineers and Conductors Mutual Protection Association (LECMPA) the authority to offer an accidental death benefit in addition to job protection insurance to their members. Railroad workers will gain an important insurance protection benefitting them and their families.
SB 1142, authored by Senate Insurance Chair Bill Monning (D-Carmel) – Insurance fraud
The law clarifies the annual fraud health and disability assessment to ensure CDI is able to continue its mission in ensuring a healthy and vibrant insurance marketplace by reducing fraud and working with local district attorneys.
AB 1234, authored by Assembly Member Marc Levine (D-San Rafael) – Confidentiality
Maintains the confidentiality of state investigations and examinations that monitor the financial health of insurance companies. The new law protects insurer solvency by precluding the Department of Insurance from being forced to provide sensitive financial data. This bill also clarifies an important element of the law authorizing the insurance commissioner to survey the supplier diversity efforts of insurance companies which is part of Commissioner Jones’ Insurance Diversity Initiative.
Robert J. McKennon to Present Life Insurance Seminar for OCBA on August 27, 2014
McKennon Law Group PC founding partner Robert J. McKennon will speak on an MCLE panel for the Orange County Bar Association Insurance Law Section on August 27, 2014 discussing “Recent Developments and Interesting Issues in Life Insurance Law.” Mr. McKennon, an attorney who currently represents insurance claimants after over two decades representing insurers, and Laura K. Kim, an attorney who currently represents insurance companies, agents and brokers in insurance litigation, will provide information to help litigators assess the issues associated with life insurance litigation to ensure that counsel for both parties are able to properly represent their clients. The MCLE event is scheduled to take place at the OCBA headquarters from 12:30 PM – 1:30 PM and registered attendees will receive 1.0 hour of MCLE credits.