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Insurance & ERISA Litigation Blog
District Court Confirms that McKennon Law Group PC’s Client May Pursue Claims for Benefits and Claim for Breach of Fiduciary Duty Regarding His Pension Claim
On July 16, 2024, the Honorable Michael W. Fitzgerald denied American International Group, Inc.’s (“AIG”) motion to dismiss the lawsuit of McKennon Law Group, PC’s client, Silvana Olsen, which sought…
What Recourse is Available to You When an Insurer Mishandles Your ERISA Claim?
The Employee Retirement Income Security Act of 1974 (ERISA) provides standards for private employer-provided group insurance plans, including disability, life, accidental death and dismemberment, pension and health insurance plans. One…
Understanding Employer Obligations under ERISA
The Employee Retirement Income Security Act of 1974 (ERISA) provides protection for members of group benefit plans offered by private employers. ERISA is designed to help ensure that employees receive…
The Importance of Distinguishing Between a Summary Plan Description and Actual Plan Documents
What Is a Summary Plan Description and Why Does it Matter? If you participate in employer-sponsored health insurance, retirement plans, or pension plans, the plan’s administrator is required to provide…
Understanding ERISA Deadlines: When Insurance Appeals Must Be Decided
If you have insurance coverage through an employer-sponsored benefit plan that is governed by the Employee Retirement Income Security Act of 1974 (ERISA), it can be vital for you to…
District Court Criticizes Insurer For Conducting “Minimalist” ERISA Review and Imposes De Novo Review Standard; Reinstates Claimant’s Long-Term Disability Benefits Under “Any Occupation” Definition of Disability
Group health and disability plans governed by ERISA have designated fiduciaries who oversee the plan’s administrative requirements. Fiduciaries are required by law to fully and fairly consider claims and to…
Preparing for the Future: The Benefits and Drawbacks of Long-Term Care Insurance
Understanding Pros and Cons of Long-Term Care Insurance Long-term care insurance is coverage designed to help pay for care if and when you need extended assistance performing everyday activities and…
Celebrating 50 Years of ERISA: A Milestone in Retirement Security
The Employee Retirement Income Security Act (ERISA) was landmark legislation that marked a significant milestone in American social policy designed to protect employees and their benefits. ERISA now celebrates its…
Court Finds That McKennon Law Group PC’s Client Is Entitled to Long-Term Disability Benefits; Rejects Guardian Insurance Company’s Application of Pre-Existing Condition Exclusion
On May 9, 2024, in the matter of Jason Kim v. The Guardian Life Insurance Company of America, 8:23-cv-01579, 2024 WL 2106240 (C.D. Cal. May 9, 2024), the Honorable David…
What is the Pre-Existing Condition Exclusion in Disability Insurance Policies and How Does It Work?
Understanding How Pre-Existing Conditions Exclusions in Disability Policies Can Affect A Claim For Disability Benefits Short- term disability and long-term disability insurance policies are designed to provide peace of mind…
