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Federal Court Holds Health Insurance Plans Are Subject to California’s § 10110.6 Discretionary-Clause Ban
California Insurance Code § 10110.6 has long been a battleground in ERISA litigation. The statute voids provisions that grant an insurer or administrator discretionary authority to interpret plan terms or…
Central District of California Federal Court Awards Long-Term Retroactive Disability Benefits in Dharmasena v. MetLife
The U.S. District Court for the Central District of California recently granted long-term disability (“LTD”) benefits to Plaintiff Hettihewage Dharmasena following an ERISA appeal in Dharmasena v. Metropolitan Life Insurance…
How Are Claimants Impacted When Claims Fiduciaries Miss ERISA Deadlines?
If your employer sponsors a group insurance plan for its employees, insurers and plan administrators owe you fiduciary duties under the Employee Retirement Income Security Act of 1974 (ERISA). They…
Navigating the Labyrinth: A Comprehensive Guide to ERISA Accidental Death & Dismemberment Claims and Decision Timelines
The Employee Retirement Income Security Act of 1974 (ERISA) establishes a federal framework for employer-sponsored benefit plans, including Accidental Death & Dismemberment (AD&D) insurance. Navigating an AD&D claim under ERISA…
MetLife Reverses Accidental Death Insurance Denial After McKennon Law’s Appeal: $680,000 Claim Paid in Full
At McKennon Law, we frequently see insurers improperly deny claims under accidental death and dismemberment (AD&D) policies, especially when toxicology results or policy exclusions are involved. Fortunately, ERISA provides policyholders…
When Insurers Confirm Coverage That Doesn’t Exist: A Fiduciary Duty Trap Under ERISA
When Insurers Confirm Coverage That Doesn’t Exist: A Fiduciary Duty Trap Under ERISA When dealing with ERISA-regulated benefit plans, both employers and insurers must tread carefully when communicating with plan…
Residual vs. Total Disability: What’s the Difference?
The Difference between Residual vs. Total Disability Disability insurance is something most people don’t think about until they need it. We insure our homes, cars, and health, but what about…
When Do Disability Insurers Settle for a Lump-Sum Representing Future Benefits?
Understanding Settlements in Long-Term Disability Insurance Disability insurance offers essential protection, providing financial support to people who are unable to work due to illness or injury. For many, disability insurance…
Ninth Circuit Vacates ERISA Judgment Over UnitedHealthcare’s Procedural Violations in Claims Denial
In an important decision reaffirming the procedural protections afforded to claimants under ERISA, the Ninth Circuit, in an unpublished opinion, recently vacated a district court judgment in Solis v. UnitedHealthcare…
Ninth Circuit Revives Disability Claim in Osborn v. The Paul Revere Life Insurance Co.: Triable Issues of Fact Defeat Summary Judgment
In a notable decision for disability insurance claimants, the Ninth Circuit Court of Appeals, in an unpublished decision, recently reversed in part a summary judgment ruling in Osborn v. The…
