Los Angeles and Orange County Disability Insurance and ERISA Claim Attorneys Fight Berkshire Life Insurance Company Claim Denials

At McKennon Law Group PC, we aggressively fight insurers to pursue your right to receive benefits from life and long-term and short-term disability insurers like Berkshire Life Insurance Company (Berkshire), in part, because we know insurers like Berkshire and we have often litigated against them.  McKennon Law Group PC’s founder, Robert J. McKennon, and some of the other attorneys at McKennon Law Group PC previously represented insurance companies for many years.  There is no law firm better situated to litigate your life, disability, medical or long-term care insurance claim denial than McKennon Law Group PC.

The Guardian Life Insurance Company of America (Guardian), which was merged with Berkshire and is a wholly owned subsidiary, is a Fortune 250 global financial services company that provides several types of insurance coverage, including life insurance and employee benefits coverage for life insurance, disability insurance, and others.  Like New York Life, Mass Mutual and Northwestern Mutual, Guardian is a mutual life insurance company, meaning that it does not have shareholders, but is instead owned by policyholders. In July 2001, Guardian merged with Berkshire.  As of February 2015, the newly formed Berkshire subsidiary administers all disability products for Guardian.  Berkshire underwrites and issues individual disability income products, but also has its own unique claims handling practices.

Guardian and Berkshire offer employee benefits governed by The Employee Retirement Income Security Act of 1974 (ERISA), which include insurance products such as life insurance, disability income insurance, annuities and investments, as well as supplemental health benefits such as dental and vision insurance.  Because most benefits are employer-sponsored, ERISA governs most claims.  In contrast, Guardian’s individual (non-employer) disability insurance is provided through its wholly owned subsidiary, Berkshire.  Claims under Berkshire policies will likely be governed by state law.  California bad faith insurance law is particularly good for policyholders.

How does Berkshire Deny Life and Disability Insurance Claims?

Berkshire denies claims based on many reasons including, but not limited to, the following:

  • Berkshire asserts the medical evidence does not support the life or disability claim
  • Berkshire asserts the claimant did not provide adequate medical support for the life or disability claim
  • Berkshire asserts the claimant did not provide documentation or proof of loss evidence in a timely manner
  • Berkshire asserts the medical condition which is the subject of the claim is a pre-existing condition
  • Berkshire asserts the insurance application contained materially false information, and thus the policy can be rescinded
  • Berkshire asserts surveillance of the claimant suggests that the claimant is not totally disabled
  • Berkshire asserts the claimant’s policy has lapsed for failure to pay premiums
  • Berkshire asserts an exclusion in the life or disability policy precludes coverage for the claim

What Should Disability or Life Insurance Claimants Look for When Berkshire Denies a Claim?

  • Berkshire improperly investigating the claim
  • Berkshire improperly obtaining opinions from unqualified persons/supposed experts
  • Berkshire improperly misreading or misinterpreting medical records
  • Berkshire improperly hiring and using biased “independent” medical reviewers and examiners
  • Berkshire improperly denying a claim without any medical examination
  • Berkshire improperly refusing to acknowledge subjective disabling conditions such as mental disorders, autoimmune disorders, fibromyalgia, and chronic fatigue syndrome because there is no objective evidence of the condition
  • Berkshire improperly asserting a life policy lapsed
  • Berkshire improperly asserting a pre-existing condition
  • Berkshire improperly attempting to rescind the policy
  • Berkshire improperly asserting a material misrepresentation made in the application process
  • Berkshire improperly denying a claim with the intent to wear down a policyholder
  • Berkshire improperly over-relying on surveillance evidence to conclude a claimant can work
  • Berkshire improperly over-relying on social media evidence to conclude a claimant can work
  • Berkshire improperly failing to have a meaningful dialogue with the claimant
  • Berkshire improperly failing to use findings by the Social Security Administration to support a disability claim

If you feel you have a wrongfully denied claim for disability, life or other insurance involving Berkshire, the McKennon Law Group PC will fight for your life, disability and long-term benefits.

Having an aggressive and experienced disability, health and life insurance attorney is the most important decision you can make for the success of your insurance claim.  If your claim for health, life, accidental death or dismemberment, short-term disability or long-term disability insurance has been wrongfully denied or suddenly terminated, fill out a free consultation form or call (949) 387-9595 to schedule a free consultation with the attorneys of the McKennon Law Group PC, several of whom previously represented insurance companies and are exceptionally experienced in handling ERISA and non-ERISA, bad faith insurance claims.

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Address: 20321 SW Birch St. Suite 200
Newport Beach, CA 92660

Phone: 800-682-4137

We also have offices in Los Angeles, San Diego and San Francisco.

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