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Disability Insurance Blog
Multi-Million Dollar Disgorgement Award Struck Down in Rochow – But the Disgorgement Remedy May Still Be Alive
In December 2013, we published an article highlighting the Sixth Circuit Court of Appeals’ bold decision to award the plaintiff disability benefits plus $2.8 million in disgorged earnings, as a potential…
Lloyd’s of London Sued by Former USC Player
Chances are that you have heard an anecdote or two about Lloyd’s of London, the insurance company known for, among other things, issuing policies that involve coverages other than the…
FAQs: What Factors Contribute to the Valuation of a Lump Sum Buyout of a Disability Insurance Claim?
The McKennon Law Group PC periodically publishes articles on its California Insurance Litigation Blog that deal with frequently asked questions in the insurance bad faith, life insurance, long term disability…
How Long-Term Care Insurance Benefits Get Denied
Like long-term disability insurance policies, it stands to reason that an insurance plan that is intended to pay insurance benefits for long-term care would be a relatively safe investment for…
FAQs: When Does an Insured Have the Opportunity to Consider a Lump Sum Buyout of His or Her Disability Insurance Claim?
The McKennon Law Group PC periodically publishes articles on its California Insurance Litigation Blog that deal with frequently asked questions in the insurance bad faith, life insurance, long term disability…
The Anatomy of a Disability Insurance Suit: UNUM
In December 2014, a Northern California woman filed a lawsuit against disability insurer Unum Life Insurance Company alleging that the company wrongfully denied her claim for long-term disability (LTD) benefits…
Ruling Limits Insurance Company’s Ability to Collect SSDI Overpayments
When and under what circumstances an insurer paying long-term disability benefits may collect retroactive benefits paid to an ERISA plan participant under the Social Security Act has been the source…
Too Little Time – Court Finds ERISA Plan’s Contractual Limitation Period Unreasonably Short and Unenforceable
One hundred days is not a reasonable amount of time to give a plan participant to file a lawsuit under the Employee Retirement Income Security Act of 1974 (“ERISA”). This…
Court Allows Mandamus Claim Against the California Department of Insurance Regarding Disability Insurance Dispute
There is a commonly held belief that every disability insurance policy sold to the public has been actually reviewed and approved by the California Department of Insurance. Indeed, California Insurance…
Recent Federal Court Decisions Give Teeth to California’s Ban on Discretionary Clauses in ERISA Plans
A virtually insurmountable concrete wall was once an apt analogy for the effect of discretionary clauses in ERISA Plans on claimants attempting to challenge a plan administrator’s unreasonable interpretation of…
