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Insurance & ERISA Litigation Blog
When Will Life Insurance Claims be Covered?
If a loved one passes away and you are the beneficiary of the life insurance policy, what can you do if your claim is denied? How can you know if…
Los Angeles Daily Journal Publishes Article on April 21, 2021 by Robert McKennon Entitled “Ruling Clarifies who Qualifies as an ERISA Fiduciary”
In the April 21, 2021 issue of the Los Angeles Daily Journal, the Daily Journal published an article entitled “Ruling Clarifies who Qualifies as an ERISA Fiduciary” written by the…
District Court Finds that Insurer Misinterpreted Key Policy Term in an ERISA Long-Term Disability Plan, Allowing Remand and Award of Attorneys’ Fees
Insurance companies acting as ERISA plan administrators often misinterpret the definition of “disability” when considering a claimant for long-term disability (“LTD”) benefits. In Reyes v. USAble Life, 2019 WL 1549430…
ERISA Claimants Can Make Use of the Futility Exception to the Requirement to Exhaust Administrative Remedies in Limited Circumstances When STD Claim is Denied to Avoid Filing LTD claim
The Employee Retirement Income Security Act of 1974 (“ERISA”) mandates that claimants under an ERISA plan have access to the federal courts. But courts have ruled that prior to litigation,…
The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Fourteen: Motions for Attorneys’ Fees and Costs
In this several-part blog series titled The Basics of an ERISA Life, Health and Disability Insurance Claim, we discuss the basics of an ERISA life, health, accidental death and dismemberment…
A Dose of Healthy Skepticism: Court Finds LINA Abused its Discretion in Denying Accidental Death Benefits Claim Because Heart Attack Did Not “Substantially Contribute” to Insured’s Death
Learned Hand, the renowned American jurist and judicial philosopher, once said: “Words are chameleons, which reflect the color of their environment.” Nowhere is this truth more apparent than when an…
The Current Wave of “Long-Haul” COVID-19 Patients Likely Means an Overwhelmed Social Security Disability System and More Long-Term Disability Claims
Even after the current COVID-19 pandemic is declared to be over, many people – possibly up to 10% or even 15% – of COVID-19 patients may continue to display symptoms…
Will You Qualify for Long-Term Disability Insurance Coverage?
If you need long-term disability benefits after a disabling sickness or disabling injury, you should be advised and represented by a California disability insurance claims attorney with the McKennon Law…
The California Department of Insurance Recently Created a Long-Term Care Insurance Task Force, But It Will Not Solve Insurer Claim Denials
According to the California Department of Insurance, most Californians cannot afford nursing home care – at an average cost of $6,000 per month – and are worried about the cost…
District Court Reverses Denial of Disability Claims Where Insurer’s Paper Review Conflicted with the Entirely One-Sided Record of Examining Physicians’ Opinions in Favor of Claimant
Insurance companies often base denials of disability claims on the mere review of the available documentation in the existing claims files. It is cheaper for them to do so and…
