Insurance & ERISA Litigation Blog
Ninth Circuit Creates Bright-Line Rule in ERISA Disability Cases: the Inability to Sit for More Than Four Hours Precludes Work in a Sedentary Occupation
It is very common for an insurance company to deny a claim for long-term disability insurance governed by ERISA after concluding that a claimant can perform the duties of a…
Robert McKennon and Scott Calvert Publish Article: Insurers turn to Drones
In the October 18, 2016 edition of the Los Angeles Daily Journal, Robert McKennon and Scott Calvert of the McKennon Law Group published an article regarding the use of drones…
Federal Court Criticizes Long-Term Disability Insurer for “Paper Reviews” and Dismissing SSA Award
Were you denied benefits by your group long-term disability insurer without the insurance company’s doctor examining you in-person? Did your insurer deny your claim even though the Social Security Administration…
Robert McKennon Publishes Article: Ninth Circuit: ‘Independent’ Physicians may Favor Insurers
In the September 8, 2016 edition of the Los Angeles Daily Journal, Robert McKennon of the McKennon Law Group published an article regarding the use of so-called “independent” physicians used…
ERISA Penalties: When Can Plan Administrators Be Fined for Failing to Timely Produce the Administrative Record?
When insurance companies deny long-term or short-term disability, life or health insurance claims, it is vital that the plan participants and their beneficiaries be able to receive the claim file…
How do disability benefits from Social Security, the State or from Workers’ Compensation affect your claim?
Most group long-term disability policies and employer-sponsored long-term disability plans include a provision called “Offsets,” “Other Income Benefits,” “Income Which Will Reduce Your Disability Benefit,” “Deductible Sources of Income” or…
Ninth Circuit Affirms Rule that Ambiguous Policy Terms Must Be Construed Against Insurer in ERISA Disability Insurance Cases
The “reasonable expectations of the insured” doctrine has been around for decades in California. The state Supreme Court started toying with rules that became its foundation after the turn of…
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…
“9th Circuit OKs Multiple Claims for Relief under ERISA.”
The June 8, 2016 edition of the Los Angeles Daily Journal features an article written by Robert McKennon of the McKennon Law Group entitled: “9th Circuit OKs Multiple Claims for…
National Investigation Uncovers Systemic Practice Among Life Insurers Depriving Beneficiaries of $5 Billion!
Four years ago we blogged about Metropolitan Life Insurance Company’s (“MetLife”) inconsistent use of the Social Security Administration’s Death Master File database to deprive beneficiaries of $40 million in life…