s

Tag Archives: Insurance Questions and Concepts

Bloomberg BNA Publishes Article on McKennon Law Group’s Case “Aetna Ignored Facebook Posts Showing Man’s Disability: Lawsuit”

Posted in: Employee Benefits News, ERISA, Insurance Litigation Blog, News, News Blog May 21, 2018

On April 23, 2018, Bloomberg BNA published an article covering McKennon Law Group’s
innovative use of social media monitoring to benefit our client in his lawsuit against Aetna
Insurance Company. In “Aetna Ignored Facebook Posts Showing Man’s Disability: Lawsuit,”
Jacklyn Wille, Reporter for Bloomberg BNA, covers our complaint’s unique use of Aetna’s
social media surveillance in this long-term disability insurance case. The article discusses how
the complaint argues that Aetna improperly terminated benefits in part because it ignored
Facebook posts that are highly supportive of the plaintiff’s disability. The article is posted
below:

Benefits & Executive Compensation News

Aetna Ignored Facebook Posts Showing Man’s Disability: Lawsuit

By Jacklyn Willie

  • Lawsuit challenges Aetna’s denial of disability benefits
  • Insurer focused on surveillance
Read More
0

Robert McKennon and Stephanie Talavera Publish Article in the Los Angeles Daily Journal: "Ruling Addresses When A Third-party Acts as ERISA Fiduciary"

Posted in: Insurance Litigation Blog April 11, 2018

In the April 6, 2018 issue of the Los Angeles Daily Journal, Robert J. McKennon and Stephanie L. Talavera of the McKennon Law Group PC published an article entitled “Ruling Addresses When A Third-party Acts as ERISA Fiduciary,” discussing a new Ninth Circuit Court of Appeals case, Santomenno v. Transamerica Life Ins. Co., 883 F.3d 833 (9th Cir. 2018). The article details the Court’s limited holding, as it narrowly addresses when a service provider to the ERISA plan is considered a fiduciary under ERISA. Despite the limited nature of the decision, it still underscores the increasing importance of breach of fiduciary duties claims under ERISA.

The article is posted below with the permission of the Los Angeles Daily Journal.…

Read More
0

Robert McKennon Quoted in Super Lawyers' Article: Does Suicide Invalidate an Insurance Claim? It All Depends on the Language in the Policy

Posted in: Insurance Litigation Blog March 10, 2018

Robert J. McKennon, founding shareholder of McKennon Law Group PC, shared his comment for an article discussing important clauses in insurance policies entitled “Does Suicide Invalid an Insurance Claim? It All Depends on the Language in the Policy.” The author of the article, Trevor Kupfer, requested Mr. McKennon’s expertise as to several important clauses in insurance policies, including incontestability clauses, suicide clauses and accidental death and dismemberment clauses. Mr. McKennon is quoted extensively in the article and he discusses some of his cases dealing with the issue of suicide vs. accident. On February 2, 2018, the article was published to the “Super Lawyers” website, a ratings service that recognizes prominent lawyers for high levels of professional achievement. Mr. McKennon, an …

Read More
0

Court Reinstates Disability Benefits Because Insurer's Vocational Expert Ignored Treating Physicians' Opinions

Posted in: Disability Insurance, Employee Benefits News, ERISA, Life Insurance November 23, 2017

When an insured becomes disabled and incapable of performing the duties of his or her occupation, long-term disability benefits can provide a much-needed form of substitute income. Given the potential importance of these disability insurance benefits, playing an active role in the claims handling process is integral to the success or failure of an insured’s claim. In marshaling medical evidence in support of a long-term disability, insureds often rely on the opinions of their treating physicians and rightfully so, as the support of a treating physician can make or break a claim. However, the support of treating physicians does not equate to automatic approval of benefits. Typically, an insurer will hire its own medical or vocational expert to evaluate a …

Read More
0

Robert McKennon and Stephanie Talavera Publish Article in the Los Angeles Daily Journal: "Ruling Clears Up Attorney Fees in ERISA Cases"

Posted in: Disability Insurance, Employee Benefits News, ERISA, Life Insurance, News, News Blog November 10, 2017

Unlike a state law claim for benefits under an individual insurance policy, an ERISA claim generally limits recovery to benefits due under the plan: prejudgment interest, declaratory or equitable (non-monetary) relief and attorneys’ fees. Accordingly, looming attorneys’ fees serve as an important financial disincentive for an ERISA plan administrator’s misconduct. In today’s edition of the Los Angeles Daily Journal, Robert J. McKennon and Stephanie L. Talavera of the McKennon Law Group PC discuss the importance of ERISA attorneys’ fees and how a recent case positively impacts the ability to recover those fees. In a column entitled “Ruling Clears Up Attorney Fees in ERISA Cases,” we evaluate the effect of the new Ninth Circuit Court of Appeals case, Micha v. Sun

Read More
0

Attorney Robert J. McKennon Educates Policyholders on ERISA and Disability Insurance Claims

Posted in: Disability Insurance News, Employee Benefits News, ERISA, Life Insurance October 27, 2017

When a disability insurance claim is denied, the process of challenging that wrongful denial can be daunting. At McKennon Law Group PC, we represent policyholders in their insurance disputes and help guide our clients through the complex insurance claims process. We pride ourselves on the relationships we build with our clients and work hard to ensure that our clients understand the status of their matter every step of the way.

As part of our firm’s dedication to serving insureds, Robert J. McKennon, the firm’s founder, answered some of the most frequently asked questions regarding disability insurance benefits and the Employee Retirement Income Security Act, or ERISA. In the Q&A, Mr. McKennon briefly explains the role of ERISA, the body of …

Read More
0

Robert McKennon and Stephanie Talavera Publish Article in the Los Angeles Daily Journal: "An Agent of the Insurer."

Posted in: Disability Insurance, Employee Benefits News, ERISA, Life Insurance October 11, 2017

In the October 9, 2017 Los Angeles Daily Journal, Robert J. McKennon and Stephanie L. Talavera of the McKennon Law Group PC published a column entitled “An Agent of the Insurer,” covering a very important new Ninth Circuit Court of Appeals case, Salyers v. Metro. Life Ins. Co., 2017 DJDAR 9291 (Sept. 20, 2017). The article details the case’s key holdings, as it establishes federal ERISA common law rules that follow California’s employer-friendly rules. The decision provides a solid foundation for future ERISA plan participants and beneficiaries to vigorously attack ERISA coverage denials on theories of estoppel, waiver and breach of fiduciary duty.

The article is posted below with the permission of the Los Angeles Daily Journal.

By Robert

Read More
0

Robert McKennon and Stephanie Talavera Publish Article in the Los Angeles Daily Journal: "An Agent of the Insurer."

Posted in: News Blog October 10, 2017

In the October 9, 2017 Los Angeles Daily Journal, Robert J. McKennon and Stephanie L. Talavera of the McKennon Law Group PC published a column entitled “An Agent of the Insurer,” covering a very important new Ninth Circuit Court of Appeals case, Salyers v. Metro. Life Ins. Co., 2017 DJDAR 9291 (Sept. 20, 2017). The article details the case’s key holdings, as it establishes federal ERISA common law rules that follow California’s employer-friendly rules. The decision provides a solid foundation for future ERISA plan participants and beneficiaries to vigorously attack ERISA coverage denials on theories of estoppel, waiver and breach of fiduciary duty.…

Read More
0