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Insurance & ERISA Litigation Blog
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…
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…
