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Robert J. McKennon Rated AV Preeminent in Insurance Law

McKennon Law Group PC founding partner Robert J. McKennon has been rated AV Preeminent in Insurance Law by his peers, an achievement of Martindale Hubbell’s highest rating in legal ability and ethical standards.

Mr. McKennon Featured in Corporate Counsel magazine and The National Law Journal

Mr. McKennon was featured in the August 2012 issues of Corporate Counsel magazine and The National Law Journal, both of which feature the 2012 Top Rated Lawyers in Insurance Law.

McKennon Law Group Wins Disability Insurance Lawsuit Against Sun Life And Health Insurance Company Following Trial

On November 27, 2012, following a trial before Judge Cormac J. Carney of the United States Federal District Court for the Central District of California, Robert J. McKennon and Scott E. Calvert of the McKennon Law Group secured a victory for their client in a lawsuit against Sun Life and Health Insurance Company.  Representing the claimant, Mr. Evans, the McKennon Law Group convinced the District Court that Sun Life abused its discretion in denying Mr. Evans’ claim for long-term disability benefits and that Mr. Evans is entitled to receive his disability benefits that Sun Life denied him.

Mr. Evans was an attorney who unfortunately suffered a mental breakdown that left him unable to return to work.  While his claim for short-term disability benefits was approved and paid by Sun Life, the company improperly denied his claim for long-term disability (“LTD”) benefits.  When Sun Life refused to overturn its claim decision on appeal, Mr. Evans hired the McKennon Law Group to file a lawsuit against Sun Life, alleging that the decision to deny his claim for LTD benefits violated the Employee Retirement Income Security Act of 1974, also known as ERISA.  Mr. Evans filed a Complaint in September 2011.

During the litigation, the parties could not agree as to the proper scope of discovery in an ERISA matter.  After the parties presented the dispute the Court, Mr. Evans was permitted to conduct discovery regarding Sun Life’s conflict of interest through written discovery and deposition testimony.

Following the trial, Judge Carney issued a Memorandum of Decision in Mr. Evans’ favor.  While explaining that the Plan’s language mandated that Sun Life’s decision should be reviewed under the more lenient “abuse of discretion” standard of review, the Court found that Mr. Evans presented:

evidence that Sun Life failed to credit Mr. Evans’ reliable evidence, failed to adequately investigate the claim, and failed to ask Mr. Evans for necessary evidence.  As a result, the Court will give considerable weight to Sun Life’s conflict of interest in determining whether it abused its discretion in denying Mr. Evans’ claim.

The Court then explained that despite being presented with medical evidence supporting Mr. Evans’ claim for disability benefits, Sun Life abused its discretion in denying his claim:

In addition to the conflict of interest, the other factors, “the quality and quantity of the medical evidence, whether the plan administrator subjected the claimant to an in-person medical evaluation or relied instead on a paper review of the claimant’s existing medical records, whether the administrator provided its independent experts with all of the relevant evidence, and whether the administrator considered a contrary SSA disability determination, if any,” Montour, 588 F.3d at 630, weigh in favor of a finding that Sun Life abused its discretion.  Specifically, its decisions that Mr. Evans was not disabled until December 13, 2007 and that Mr. Evans was not disabled throughout the elimination period were illogical, implausible, and without support in inferences that could reasonably be drawn from facts in the record because: (1) every doctor who personally examined Mr. Evans concluded that he was disabled and unable to return to his regular work; (2) Sun Life did not subject Mr. Evans to an in-person medical evaluation; (3) Sun Life relied almost exclusively on the deeply flawed assessment by Dr. Himber; (4) and Sun Life failed to engage in a “meaningful dialogue” with Mr. Evans.

In conclusion, the Court ruled that the “evidence in the record overwhelming shows that Mr. Evans was totally disabled prior the date of his termination and throughout the elimination period” and ordered Sun Life “to pay long-term disability benefits to Mr. Evans in accordance with the Policy.”

Robert J. McKennon and Scott E. Calvert litigated the case on behalf of Mr. Evans.

Robert J. McKennon and Scott E. Calvert Win Judgment

On November 29, 2012, following a trial, Robert J. McKennon and Scott E. Calvert won a judgment against Sun Life and Health Insurance Company in a case involving long-term disability insurance benefits. The McKennon Law Group attorneys convinced the Court that Sun Life “abused its discretion,” and Sun Life was ordered to pay their client all benefits due to him under the Policy.

McKennon Law Group Achieves 7-figure Settlement

In November 2012, McKennon Law Group achieved a 7 figure settlement in an insurance bad faith and insurance fraud case against several defendants, including Hartford Life Insurance Company, on behalf of a business owner who was sold a 412(i) retirement plan.

Robert J. McKennon Named in a List of Top Business Attorneys

McKennon Law Group PC founding partner Robert J. McKennon was named in the Business Edition 2012 Thomson Reuters/Super Lawyers annual list of the nation’s top attorneys in business practice areas.

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Recent Posts

  • Common Reasons Life Insurance Claims Are Denied
  • Ninth Circuit Again Addresses California’s Lapse Statutes: A Mixed Ruling in Siino v. Foresters Life
  • When ERISA Plans Fail to Speak Clearly: The Ninth Circuit Upholds Benefits Denial Reversal in Residential Mental Health Treatment Case Under De Novo Standard of Review
  • Mundrati v. Unum: An Important Decision on How Insurers Are to Characterize a Claimant’s Occupation in Long-Term Disability Disputes
  • McKennon Law Group PC is Recognized as 2025 Insurance Litigation Law Firm of the Year in the USA

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