Los Angeles and Orange County Disability Insurance and ERISA Claim Attorneys Fight Guardian 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 Guardian, in part, because we know insurers like Guardian. 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.

Guardian 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.

Berkshire is a Wholly-Owned Subsidiary

Guardian offers employee benefits, 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 (nonemployer) disability insurance is provided through a wholly-owned subsidiary, Berkshire Life Insurance Company of America (Berkshire). Berkshire underwrites and issues individual disability income products, but also has its own unique claims handling practices.

How does Guardian Deny Life and Disability Insurance Claims?

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

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• Guardian asserts the insurance application contained materially false information, and thus the policy can be rescinded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

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

• Guardian improperly investigating the claim
• Guardian improperly obtaining opinions from unqualified persons/supposed experts
• Guardian improperly misreading or misinterpreting medical records
• Guardian improperly hiring and using biased “independent” medical reviewers and examiners
• Guardian improperly denying a claim without any medical examination
• Guardian 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
• Guardian improperly asserting a preexisting condition
• Guardian improperly attempting to rescind the policy
• Guardian improperly denying a claim with the intent to wear the claimant down to a lower settlement
• Guardian improperly over-relying on surveillance evidence to conclude a claimant can work
• Guardian improperly over-relying on social media evidence to conclude a claimant can work
• Guardian improperly failing to have a meaningful dialogue with the claimant
• Guardian 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 Guardian, 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 litigation 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 1-800-682-4137 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 nonERISA, bad faith insurance claims.