On April 6, 2020, in the matter of Vicky Ibarra v. Hartford Life and Accident Ins. Co., Case No. 8:19-cv-00333-DOC-DFM, Judge David O. Carter of the U.S. District Court, Central District of California granted the McKennon Law Group PC’s motion for attorneys’ fees and costs after its client prevailed in her ERISA lawsuit. Hartford had wrongfully terminated Ibarra’s long-term disability benefits and then reversed its decision and reinstated her claim shortly after the lawsuit was filed. The Court concluded that the firm’s 2018 to 2019 hourly rates of $750 and $625 for Robert McKennon and Joseph McMillen were reasonable for ERISA work given their strong reputations and experience. The Court rejected several of Hartford’s arguments, including that it should cut Ibarra’s attorney’s fees by 80%, and that McKennon Law Group spent too much time drafting the detailed Complaint, calculating benefits and communicating with their client. The Court intended to award Ibarra nearly $130,000 in attorneys’ fees and costs. But because of a math error evident in the order, it mistakenly awarded $100,093.29. Hartford agreed to pay $119,000 to resolve the attorneys’ fees claim given the obvious math error.
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, the California Insurance Commissioner, Ricardo Lara, issued a “NOTICE RE: Extension of Policyholder Deadlines that Impact Claims or Coverage Due to the current State of Emergency Caused by Coronavirus (COVID-19) Outbreak” as an effort to protect policyholders during these uncertain times.
Commissioner Lara has instructed all insurance companies to stop enforcing policy or statutory deadlines on policyholders for claims or coverage until 90 days after the COVID-19 state of emergency has ended. The notice states, “Commissioner Lara now finds it necessary to issue this Notice to protect policyholders from losing, limiting, or waiving policy benefits, as a result of the current national state of emergency.”
This Notice quickly follows Commissioner Lara’s March 18, 2020 Notice, which requested all insurance companies to provide their policyholders with at least a 60-day grace period to pay insurance premiums. This is an action taken by the Commissioner to ensure policies are not canceled for nonpayment of premium due to the national COVID-19 public health emergency.
While the COVID-19 pandemic is a circumstance beyond anyone’s control, it is comforting that the California Department of Insurance is working to protect your ability to maintain and use your insurance policies. If you have a problem with a claim under your disability, life, health, accidental death, ERISA or long-term care insurance matter, please contact us.
Categories: Disability Insurance, Life Insurance, Health/Medical Insurance,Accidental Death or Dismemberment Insurance, Property and Casualty Insurance, ERISA, Insurance Commissioner, Insurance Questions and Concepts, Disability Insurance News, News, Regulations
Tags: Coronavirus, COVID-19, Department of Insurance, insurance, grace period, deadlines
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 in a sedentary position in its HR department and obtained the MetLife disability coverage through her employer. Judge Nunley pointed out many weaknesses in MetLife’s denial decision, including the fact that it relied almost entirely on the reports of its own hired medical consultants who “only performed paper reviews of Plaintiff’s medical records and neither observed nor treated Plaintiff personally.” Nor did MetLife’s medical consultants, he reasoned, speak with any of her treating physicians (who had decided she was disabled after examining her in person for years). Judge Nunley afforded one of MetLife’s consultants, nurse Bachner, “with less weight as she is not a physician.”
He harshly criticized MetLife’s doctor consultant because his opinions were “not well-supported” and conclusory: “Dr. Hinrichs simply summarized the medical records he reviewed and then made a conclusion” without explaining which specific medical records supported his conclusion. Judge Nunley also determined that MetLife’s doctor “disregarded Plaintiff’s subjective reports of pain and only focused on what he deemed to be ‘objective’” evidence of disability, violating Ninth Circuit case law. As “Plaintiff correctly points out, it would be an abuse of discretion for the Court to fail to consider Plaintiff’s subjective account of pain. Kibel v. Aetna Life Ins. Co., 725 F. App’x 475, 477 (9th Cir. 2018) (citing Demer v. IBM Corp. LTD Plan, 835 F.3d 893, 904–07 (9th Cir. 2016)).”
The firm had several strategic battle victories along the way that contributed to winning the war for our client. We prevailed on a motion for partial summary judgment, where the Court ruled that the standard of review at trial would be de novo. We augmented the administrative record with the client’s favorable Social Security disability finding. Judge Nunley found that our client was totally disabled from performing the material duties of her own sedentary occupation because her physicians concluded, based on several in-person exams, that she had severe low back and heel pain that prevented her from sitting for more than two hours per workday or from standing on her own, which well-reasoned opinions the Court found much more credible than MetLife’s “paper reviewers.”
The Court entered judgment in our client’s favor requiring MetLife to reverse its disability insurance claim denial and pay our client all her benefits for the Policy’s “own occupation” period, plus prejudgment interest for the last seven years. This decision will allow our client to collect all her substantial attorneys’ fees and costs she incurred aggressively fighting MetLife for the last five years.
After McKennon Law Group PC Aggressively Pursues Fee Motion, District Judge Awards Plaintiff in ERISA Disability Case Nearly $90,000 in Attorneys’ Fees, Costs and Interest
On March 3, 2020, in the matter of Earl Durham v. Aetna Life Insurance Company, Case No. 8:19-cv-01494-DOC-DFM, Judge David O. Carter of the U.S. District Court, Central District of California granted the McKennon Law Group PC’s motion for attorneys’ fees, costs and interest after its client prevailed in his ERISA lawsuit. Aetna had wrongfully terminated Durham’s disability benefits and then reversed its decision and reinstated his claim shortly after the lawsuit was filed. The Court approved hourly rates of $750 for Managing Shareholder Robert McKennon and $525 and $375 for associates Andrea Soliz and Nicholas West, respectively. In granting the motion, the Court rejected several of Aetna’s arguments, including that Durham should not recover fees for work done after the administrative denial but prior to filing the Complaint. The Court concluded that McKennon Law Group PC’s pre-filing efforts were in direct pursuit of the litigation and were recoverable. The Court also rejected Aetna’s argument that fees incurred after Aetna made a $35,000 settlement offer were not compensable, finding that there was no precedent to support this argument and that Aetna’s $35,000 offer was not reasonable. In the end, after determining that Durham was entitled to a fee award because he had achieved “some degree of success on the merits,” the Court awarded him almost $90,000 in fees, costs and interest.
McKennon Law Group PC and Robert J. McKennon selected as 2019 Best Insurance Litigation Firm and Best Insurance Lawyer in California and in the United States
McKennon Law Group PC is proud to announce that it and its Managing Shareholder Robert J. McKennon have been selected as Best Insurance Litigation Law Firm and Best Insurance Lawyer in California and in the United States for the year 2019 by the following organizations:
Leading Advisor Awards
Worldwide Financial Advisor Awards Magazine
ACQ5 Global Awards
Lawyer International Legal 100
M&A Today Global Awards
Corporate LiveWire Global Awards
Global 100
Corporate Excellence Awards
Lawyer International Legal 100
Los Angeles Daily Journal Publishes Article by Robert J. McKennon Entitled “Leveling the Field Between Insurers and Disability Claimants”
In the November 19, 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 previous 2009 Daily Journal investigation that revealed insurers’ regular practice of improperly denying claims. Since 2009, recent regulations promulgated by the Department of Labor and recent court opinions have helped even the playing field for claimants. A full and fair review of a claim for benefits is required by statute and regulation, and helps prevent insurers from illicit claim denials as detailed in the Daily Journal investigation. However, it remains to be seen whether these recent regulations and court decisions will ultimately have the effect of evening the power imbalance insurers wield against vulnerable disability claimants. For a full view of the article, take a look at our blog, here.