Insurance & ERISA Litigation Blog
What Happens With an ERISA De Novo Review?
The private sector, employer-sponsored insurance plans are regulated by the Employee Retirement Income Security Act of 1974 – ERISA. ERISA is the federal law that establishes the minimum standards for…
Drowning Death of Drunk Insured Driving 70-80 Miles Per Hour the Wrong Way on One-Way Road Next to Bay in Dark Ruled “Accidental” under Accidental Death and Dismemberment Policy
When an insured under an accidental death and dismemberment policy governed by ERISA dies, coverage often turns on whether the death resulted from an “accident,” which is covered, or from…
Medical Conditions Without Objective Proof Not an Automatic Bar to Long-Term Disability Benefits
Court Determines That Recognized Medical Conditions Without Objective Proof of Disability Will Still Support a Claim for Long-Term Disability Benefits Claimants for long-term disability benefits often face an uphill battle…
Navigating Social Security Disability and ERISA Benefits – What Should You Be Aware Of?
Can You Receive Both Social Security Disability and ERISA Benefits? If you are disabled, if you are unable to work, and if you need to receive disability benefits, start by…
Ninth Circuit Reaffirms Salyers; Rejects Insurer’s Contention That “Non-Waiver” Provision in ERISA Life Insurance Plan Insulates It From Plan Administrator’s/Agent’s Imputed Liability
Sometimes employers offer their employees the opportunity to purchase additional insurance coverage for the employees themselves and for their dependents as part of an employee benefit plan. In such cases,…
The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Fifteen: Interest on an Award of Benefits
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…
In California Appellate Court Victory, McKennon Law Group PC Secures Reversal of Trial Court Decision Transferring Bad Faith Health Insurance Action to Germany
Claimants who have sued insurance companies for wrongful denial of their claims –including health insurance claims – occasionally find themselves faced with a defendant’s motion to dismiss or transfer their…
Why Are Most ERISA Disability Claims Denied?
The disability insurance offered through your employer may not be what you think it is. Claims for disability benefits under the Employee Retirement Income Security Act of 1974 (ERISA) are…
What Are the Most Common Disputes Involving Health Insurance Claims?
If your claim for health insurance benefits has been wrongly denied, or if you are disputing some other action taken by your health insurance company, a California health insurance claims…
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…