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Insurance & ERISA Litigation Blog
ERISA Disability Insurance Claimants Take Note – Discovery Is Allowed In De Novo Review Cases
Well-intentioned policymakers enacted the Employee Retirement Income Security Act of 1974 (“ERISA”) over forty years ago to provide for the protection of participants’ employee benefits in part by establishing a…
Group Life Insurer’s Literal Policy Interpretation Penalizing Insured for not working on Paid Holiday Rejected
Group life insurance policies often have confusing language about when they become effective. A trial court recently interpreted one to mean that the policy had not become effective to a…
ERISA Will Not Pre-Empt State Law Claims Under an Individual Conversion Policy
In an important victory for claimants, a United States District Court recently determined that a plaintiff who obtained an individual disability insurance policy through a conversion provision in an ERISA…
ERISA Insurers’ Conclusory Medical Opinions Regarding Disability Status Will Not Carry the Day
An individual suffering from a disabling condition undoubtedly has many concerns. In addition to dealing with physical pain and emotional distress, there is always the thought of how to pay…
The Death of the Abuse of Discretion Standard of Review in ERISA Disability Insurance Cases in California
When an insured obtains his or her disability insurance coverage from an employer, more often than not, that claim is governed by Employee Retirement Income Security Act of 1974, also…
Court Confirms that Medication Side Effects Can Support a Disability Insurance Claim
When a person suffers from a disability caused by an injury or sickness, the resulting restrictions and limitations, be they physical or mental, can have a devastating impact on that…
Recent Juror Attitudes Should Frighten Insurance Companies
Recent verdicts from across the nation in disability, life and health insurance policy cases must be alarming for big corporate insurance companies. The trend is for jurors to award individual…
For ERISA Disability Insurance Appeals, A Claimant Who is a Day Late May Not Be a Dollar Short
Under most long-term disability insurance plans governed by the Employee Retirement Income Security Act of 1974 (“ERISA”), a claimant must appeal the denial of any claim for benefits within 180…
Insurers Do Not Have Discretionary Authority, Absent Clear Language in Official Plan Documents
In actions brought under the Employee Retirement Income Security Act of 1974 (“ERISA”), two roads diverge in federal court—and the court’s choice regarding the applicable standard of review can make…
Ninth Circuit Affirms MLG’s Six-Figure Judgment in a Disability Suit Filed Against Sun Life
On April 22, 2015, the United States Court of Appeals for the Ninth Circuit issued a decision affirming the district court’s decision to award McKennon Law Group PC’s client, an…
