The June 8, 2016 edition of the Los Angeles Daily Journal features an article written by Robert McKennon of the McKennon Law Group entitled: “9th Circuit OKs Multiple Claims for Relief under ERISA.” In the article, Mr. McKennon discusses an important decision from the U.S. Court of Appeals for the Ninth Circuit, Moyle v. Liberty Mut. Retirement Ben. Plan, 2016 DJDAR 4747 (9th Cir. May 20, 2016),in which the Ninth Circuit Court of Appeals allowed Insureds/plan participants to sue an insurer simultaneously for benefits due under an ERISA plan (such as a short-term or long-term disability insurance policy) and also for equitable relief, thus expanding the remedies available to them.
McKennon Law Group PC is proud to announce that its principal, Robert J. McKennon, has received his 2nd Global Award from Corporate LiveWire; this year’s award is for “Insurance & Reinsurance,” Newport Beach, California after last year’s 2015 Global Award for “Insurance & Risk Management.” The 2016 Corporate LiveWire Global Awards celebrate the achievements of the most successful individuals, companies and organizations in the Americas, Europe, Asia & Australasia, Africa & the Middle East, over the past year. Award categories include a wide variety of specialist fields including biotech and pharma, intellectual property, company formations and divorce law. The Global Awards honor those who standout for consistently showing best practice in every aspect of their work and who have excelled within their practice areas.
McKennon Law Group PC is proud to announce that its founding shareholder Robert J. McKennon has been recognized as one of Southern California’s “Super Lawyers” and appears in the 2016 edition of Southern California Super Lawyers magazine published on January 20, 2016. Mr. McKennon has received this designation every year since 2011.
Ninth Circuit Awards McKennon Law Group PC Their Full Attorneys’ Fees and Costs, Without Any ReductionDecember 23, 2015 Scott Calvert
In April 2015, the United States Court of Appeals for the Ninth Circuit upheld a ruling by District Court Judge Cormac J. Carney awarding a McKennon Law Group PC client his past-due ERISA long-term disability plan benefits, plus interest. Following that decision, the McKennon Law Group filed a motion for attorneys’ fees and costs, which Sun Life Financial vigorously opposed. However, the Ninth Circuit rejected every argument that Sun Life made in opposing the motion for fees and costs. In reviewing the hourly rates charged by the McKennon Law Group and the time spent advocating on behalf of its client in the appeal, the Ninth Circuit determined that both were completely reasonable and appropriate. Based on this finding, the Ninth Circuit ruled that the McKennon Law Group was entitled to 100% of the attorneys’ fees and costs incurred and applied for on the appeal.
Department of Labor Proposes New, Claimant-Friendly ERISA Regulations for Disability Insurance ClaimsDecember 10, 2015 Scott Calvert
From time to time, the U.S. Department of Labor promulgates new regulations governing disability insurance benefit claims and health insurance benefit claims that are governed by the Employee Retirement Income Security Act of 1974, commonly referred to as ERISA. The regulations must be followed by plan administrators and claim administrators when reviewing disability insurance and health insurance benefit claims submitted by claimants. Recently, the Department of Labor proposed changes to the regulations governing long-term disability insurance benefit claims and short-term disability insurance benefit claims.
Mistreated by Your Insurer? Insurers May Not Be Able to Hide Behind ERISA Preemption to Defeat Claims for Intentional Infliction of Emotional DistressNovember 30, 2015 Robert McKennon
Insureds obligingly pay premiums on their life, health and disability insurance policies and dutifully provide updated information upon request by their insurers, but often do not enjoy the same courtesy when they file an insurance claim. In extreme cases, antagonistic insurers engage in a host of tactics, including appointing claims examiners who refuse to return phone calls, conducting intrusive surveillance, accusing insureds of filing false claims or inundating the insured’s employer and treating doctors with document demands—only to deny the insured’s claim. Astonished by this treatment, many insureds wonder if they can sue them for emotional distress damages. The short answer is yes—but there are hurdles.
Robert J. McKennon Named in the Business Edition 2015 Thomson Reuters/Super Lawyers annual list of the nation’s top attorneys in business practice areasNovember 20, 2015 Robert McKennon
McKennon Law Group PC is proud and honored to announce that Robert J. McKennon, founding shareholder of McKennon Law Group PC, has been named in the Business Edition 2015 Thomson Reuters/Super Lawyers annual list of the nation’s top attorneys in business practice areas.
The November 6, 2015 edition of the Los Angeles Daily Journal features an article written by Robert McKennon and Joseph McMillen of the McKennon Law Group entitled: “Supreme Court Ramps Up Interest in ERISA.” In the article, Mr. McKennon and Mr. McMillen discuss five important United States Supreme Court cases involving litigation over employee life, health and disability benefit claims governed by the Employee Retirement Income Security Act of 1974. It discusses these cases and explains that the High Court has: (1) relaxed the standard for an employee to recover his attorney fees; (2) allowed discovery previously not permitted; (3) significantly expanded employee remedies; (4) determined plan language controls benefit reimbursement claims; and (5) confirmed an employer’s right to choose plan terms limiting the time to file a lawsuit.
AB 387 Grants California Department of Insurance New Powers to Protect Disability Insurance ConsumersOctober 14, 2015 Scott Calvert
Short-term disability insurance and long-term disability insurance policies provide insurance benefits to consumers who are unable to continue working due to injury or sickness. Such coverage can be offered as a benefit of employment by an employer (in which case, the policy is usually governed by a federal law called the Employee Retirement Income Security Act of 1974 or ERISA) or can be purchased by the individual insured.
Long-term care insurance covers long-term personal and custodial care services, including in a variety of settings such as your home, a community organization or other facility. Long-term care insurance policies reimburse policyholders a daily amount (up to a pre-selected limit) for services to assist them with their activities of daily living when they are unable to perform these activities.
Individuals who have these policies do not currently receive periodic notification from their insurer that these benefits are available. Without notification, these individuals and their families can easily lose track of the existence of the benefits, especially if the insured suffers from cognitive impairment. These individuals and families likely end up paying for care despite having this insurance or doing without when, in fact, benefits are available.