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 …

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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 …

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The Hartford Agrees to Purchase Aetna's Group Disability Insurance and Group Life Insurance Business

Posted in: Disability Insurance, Disability Insurance News, ERISA, Group Plans, Life Insurance, News Blog November 08, 2017

In a deal between two of the country’s largest disability insurers, The Hartford agreed to purchase Aetna Life Insurance Company’s group life insurance and disability insurance business for $1.45 billion. After the purchase, which is expected to close before the …

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California Court Affirms Decision Finding Bad Faith Where Insurer Interprets Policy Against Insured's Interests

Posted in: Attorneys Fees, Bad Faith, Commercial General Liability Insurance, Duty to Defend, Insurance Bad Faith, Insurance Litigation Blog, Life Insurance, Punitive Damages October 11, 2017

On August 31, 2017, the California Court of Appeal discussed a variety of topics touching upon important matters in insurance “bad faith” litigation in Pulte Home Corp. v. Am. Safety Indemnity Co., 14 Cal.App.5th 1086 (Aug. 31, 2017). In …

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Does an Insurance Company Need to Deny a Claim to be Liable for Bad Faith Damages? You May Be Surprised to Learn the Answer is "No."

Posted in: Bad Faith, Disability Insurance News, Insurance Bad Faith, Insurance Litigation Blog, Life Insurance, Premiums, Transamerica, Universal Life Insurance August 09, 2017

Every insurance contract is accompanied by an implied covenant of good faith and fair dealing, meaning that the insurer cannot “unfairly frustrate” or unreasonably “deprive” the insured of the benefits of the insurance contract. This implied covenant applies to all …

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Robert McKennon Quoted in Los Angeles Daily Journal Article on Important Insurance Coverage Issue

Posted in: Accidental Death or Dismemberment, Bad Faith, Benefits, Insurance Bad Faith, Insurance Litigation Blog, Life Insurance, News, News Blog July 25, 2017

On July 20, 2017, the Los Angeles Daily Journal quoted Robert McKennon of McKennon Law Group PC in an article entitled “Insurance Claim Denial Because Airbnb Rental May Have Wider Implications,” by Andy Serbe.  The article discusses a recently filed …

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ERISA Preempts State Community Property Laws for Spouse’s Interest

Posted in: Beneficiaries, ERISA, Insurance Litigation Blog, Life Insurance, Preemption July 19, 2017

The McKennon Law Group PC periodically publishes articles on its Insurance Litigation and Disability Insurance News blogs that deal with frequently asked questions in insurance bad faith, life insurance, long-term disability insurance, annuities, accidental death insurance, ERISA and other areas

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