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Insurance & ERISA Litigation Blog
Challenging a Disability Insurance Claim Denial Based on a Peer Review Report
If you suffer an illness or injury that leaves you unable to work, disability insurance can be a crucial lifeline to help you survive financially. However, insurance companies deny a…
What Is a Covered “Death” and “Dismemberment” Under An Accidental Death & Dismemberment Insurance Policy?
What Is Accidental Death and Dismemberment Insurance? Insurance policies provide peace of mind that you or your loved ones will receive compensation for certain expenses and losses you experience. For…
Your Guide to California Insurance Bad Faith
Insurance Bad Faith and How to Deal With It When you have health, life, disability, or long-term care insurance, or any other type of insurance policy, you expect your coverage…
Federal District Court Grants Partial Summary Judgment Under the Voluntary Payment Doctrine to Our Client, Allowing Her to Keep Over $1 Million Mistakenly Paid to Her
On March 6, 2024, in an 11-page order, the Honorable Jesus G. Bernal granted partial summary judgment in favor of McKennon Law Group PC’s client, Diane Le, ruling that American…
Western Kentucky District Court Reviews Long-Term Disability Denial Under De Novo Standard of Review Despite Discretionary Policy Language Where the Denial Decision Was Made by a Third Party
The Western Kentucky District Court recently reviewed a long-term disability (“LTD”) claim denial de novo rather than using an abuse of discretion standard, despite the policy containing language authorizing the…
Oregon District Court Holds Long-Term Disability Insurer to Strict ERISA Appeal Deadline; Finds No Special Circumstances for Request to Extend Appeal and Finds Claim Deemed Denied
An Oregon Federal District Court recently issued a decision that helps illuminate the issues related to the requirement that a claimant exhaust administrative remedies prior to filing suit, specifically, when…
What Is Life Insurance Contestability Under California Law and Why Is It Important to You?
Life Insurance Contestability and Its Impact on Your Life Insurance Policy and Claim When you buy life insurance, you almost certainly expect that the policy will pay benefits when the…
South Coast Specialty Surgery Center, Inc. v. Blue Cross of California, DBA Anthem Blue Cross
Ninth Circuit Clarifies Standing of Medical Providers in ERISA Lawsuits The Ninth Circuit Court of Appeals in S. Coast Specialty Surgery Ctr. v. Blue Cross of Cal., __ F. 4th…
What Is a Breach of Fiduciary Duty Claim Under ERISA?
What Is ERISA? ERISA is an acronym for the Employee Retirement Income Security Act of 1974. It is federal legislation that originally became law in 1974. The main goal of…
California Appellate Court Rules that a Cause of Action Does Not Accrue Until All Elements of the Claim Have Been Satisfied, Including Damages
The California Court of Appeal recently decided Bennett v. Ohio National Life Assurance Corporation, __ Cal.Rptr.3d. __ 2023 WL 4069794 (2023) that will allow disability claimants with the ability to…
