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Recent Judgments and Verdicts

  • On August 2, 2016, the McKennon Law Group PC secured a trial victory for its disabled client who was forced to stop working because of carpal tunnel syndrome, chronic pain and other conditions.  She filed a claim for long-term disability benefits with Union Security Insurance Company, but the insurer denied her claim, arguing that the medical evidence did not support her claimed disability.  The McKennon Law Group PC filed an ERISA lawsuit, and following a July 29, 2016 trial, Federal District Court Judge Cormac J. Carney ruled that Union Security’s claim decision was incorrect and determined that she was entitled to her long-term disability benefits.  The Court explained that it found the conclusions of her treating physicians to be “more compelling” than the “paper review” physicians hired by Union Security.  In addition to receiving her past-due long-term disability benefits under ERISA, Union Security will be required to pay The McKennon Law Group PC’s attorneys’ fees and costs our client was forced to incur in filing a lawsuit against Union Security, in addition to pre-judgment interest.
  • Following the submission of trial briefing, on April 28, 2016, Federal District Court Judge James S. Otero issued a detailed, 25-page order finding in favor of the McKennon Law Group’s client, a father fighting to recover money he paid to a residential treatment facility for treatment his minor daughter received.  Initially, Defendant Aetna Life Insurance Company approved the daughter’s stay at the intensive, 24-hour treatment center.  However, after a few months of treatment, Aetna determined that further residential treatment was no longer “medically necessary,” and instead would only agree to pay for out-patient treatment.  Acting on the advice of his daughter’s physicians, the McKennon Law Group’s client kept his daughter at the facility, and paid the medical bills while appealing Aetna’s decision.  Eventually, the daughter was able to transfer to a different facility, however, Aetna refused to reimburse the father for the $113,000 in treatment that he paid for.  Accordingly, he was forced to file a lawsuit seeking reimbursement of the funds that he paid for her treatment.McKennon Law Group argued that Aetna’s determination that the residential treatment was not “medically necessary” was neither supported by the available medical records nor the language in the ERISA-governed health insurance plan provided by his employer.  Aetna primarily relied on its proprietary Level of Care Assessment Tool (“LOCAT”) to argue that residential treatment was no longer necessary as of the date of the denial of the claim for continuing 24-hour care.  Additionally, while the case was reviewed under ERISA’s abuse of discretion standard of review, the McKennon Law Group argued that Aetna was not entitled to full discretion because of it did not engage in a “meaningful dialogue” with the father.  The Court agreed that Aetna committed procedural violations, which reduced the amount of discretion its decision was afforded.  The Court explained that “the administrative record supporting a finding that Aetna abused its discretion when it concluded that the residential treatment was not ‘medically necessary.’”  Accordingly, Judge Otero issued a judgment in favor of the McKennon Law Group’s client for the full amount he paid and determined that Aetna will pay our client’s attorneys’ fees and costs.
  • The McKennon Law Group PC recently secured a victory at the Ninth Circuit Court of Appeals, obtaining a ruling that the District Court abused its discretion by unreasonably refusing to award attorneys’ fees for work performed on behalf of a health insurance claimant under an ERISA plan. In litigation regarding whether an insurance company, acting as an ERISA administrator, received a claim for health insurance benefits and unreasonably failed to pay the claim, the District Court initially found in favor of the insurance company, ignoring evidence uncovered during discovery that the insurance company received the health insurance claim when it was made.  On appeal to the Ninth Circuit, the McKennon Law Group was able to secure a remand back to the District Court, which was instructed to consider the information uncovered by the McKennon Law Group during discovery.  On remand, the District Court considered the information, which demonstrated that, contrary to its claim, the insurance company did receive the health insurance claim.  However, when awarding attorneys’ fees, the District Court refused to award attorneys’ fees for the time spent obtaining the very evidence used to prove that the insurance company received the claim.  Following a second round of briefing and oral argument to the Ninth Circuit, the entire panel agreed that the District Court abused its discretion when it failed to award attorneys’ fees for the time spent obtaining information proving that the insurance company received the claim, and remanded the matter back to the District Court with an instruction that the insurance company is responsible for paying the disputed attorneys’ fees.
  • After a bench trial on December 14, 2015, in a Memorandum of Decision dated December 16, 2015, Federal District Court Judge James Selna found in favor of McKennon Law Group PC’s client, a vice president of a large international company, who sought reversal of LINA’s denial of her ERISA long-term disability insurance benefits from LINA.  Judge Selna’s decision pointed out many weaknesses in LINA’s denial decision, including the fact that LINA’s decision relied almost entirely on the report of its own physician, who based his findings on a review of our client’s medical records, and never examined her or spoke with any of her treating physicians (whose findings supported a finding of disability).  Judge Selna characterized LINA’s physician’s report as “confusing and unpersuasive” and stated because LINA’s physician did not explain his reasoning and because he “reasoned in an entirely conclusory fashion,” his report did not amount to an analysis of the claim at all, such that “the Court will not afford it any weight.”  Judge Selna also determined that LINA did not correctly analyze our client’s occupational duties because it did not include or consider her substantial travel duties.  LINA argued that the court need not consider them since they were not listed in the Department of Labor’s Dictionary of Occupational Titles.  Ultimately, Judge Selna found that LINA did not provide our client with “a prompt and complete review of the claim.”   He entered judgment in our client’s favor requiring LINA to reverse its disability insurance claim denial and remanded the matter to LINA for another decision consistent with his opinion to correct LINA’s errors and to consider new evidence submitted by our client during litigation.  This decision will almost certainly allow our client to collect all of her substantial attorneys’ fees and costs she incurred in fighting LINA.
  • On April 22, 2015, the Ninth Circuit Court of Appeals, in an unpublished decision, affirmed the Federal District Court Judge Carney’s decision in favor of our client, noting that Sun Life’s conflict of interest “required more skeptical judicial review” and held that Sun Life abused its discretion in denying the our client’s claim for disability benefits. Federal District Court Judge Carney had found in favor of our client, who sought his ERISA long-term disability benefits from Insurer Sun Life Financial. The court noted Sun Life acted improperly by, among other things, demanding “objective” evidence of disability, a standard of evidence not required by the plan, and relying on a “paper review” by paid physicians who failed to speak with plaintiff’s treating physicians. The Ninth Circuit affirmed our client ‘s award of $452,707 including over $215,000 in attorneys’ fees. Sun Life challenged McKennon Law Group’s attorneys’ fees incurred on the appeal arguing the firm should not be paid any of them, or if the firm received fees, that they should be reduced.  The Ninth Circuit completely rejected Sun Life’s challenge and awarded the firm over $172,000 in attorneys’ fees for its full fees on appeal without reducing any of the requested fees.  The Ninth Circuit found that the firm’s fees were completely reasonable and appropriate.
  • A Santa Monica jury awarded $10,225,000 (plus ten percent interest) against Chase Manhattan Bank in a wrongful foreclosure case in which the McKennon Law Group PC represented Plaintiff. Robert McKennon and Scott Calvert represented the Plaintiff at a critical time prior to the trial of the case.
  • McKennon│Schindler LLP, Robert J. McKennon’s prior law firm, attained a $3.94 million arbitration award in a business litigation dispute involving a patent license. Robert McKennon was lauded by the Arbitrator for his “exceptional skill in cross-examining” key witnesses that led to the arbitration victory.
  • The insured incurred substantial medical expenses due to urgent care and continuing treatment following a serious auto collision. The insurer denied a claim was ever filed, refused to provide claim documents, neglected to explain its denial and withheld medical coverage. McKennon Law Group PC convinced the insurer to fully pay the medical claim. In addition, the district, after a reversal by the Ninth Circuit, awarded our client substantial attorneys’ fees and costs.

Recent Settlements & Non-Trial Successes

  • Our client, a Vice president of a multi-state company, experienced major depression and severe pain that was not relieved with multiple treatments, including a spinal fusion.  He filed a long-term disability claim that was paid for over 6 years. The disability insurer suddenly terminated payment of his long-term disability benefits after it determined he could work in his occupation, despite no improvement in his condition. After appealing the insurer’s decision, the insurer upheld the termination of disability benefits based upon the opinion of its consulting physician, who determined he was capable of working full-time.  McKennon Law Group PC filed a lawsuit under ERISA in Federal Court to recover the disability benefits he deserved.  Faced with a daunting litigation, the insurer agreed to attend early mediation prior to being served with the complaint.  At the mediation, McKennon Law Group PC secured a highly favorable substantial six-figure settlement to settle all of his claims against the disability insurer.
  • Our clients, a brother and sister both in their early 20’s, were devastated by the tragic and unsuspected death of their 53-year-old mother, found lifeless in the shower strangled by the showerhead hose.  They hired McKennon Law Group PC because their mother’s group life and accidental death insurer, Life Insurance Company of North America (“LINA”), a Cigna company, denied their claim for benefits.  One finishing up college and the other in law school, and with no remaining parent earning an income, they desperately needed the money and they earnestly desired to clear their mother’s name, as LINA accused her of committing suicide, the basis of the insurer’s benefits denial.  The Firm evaluated all of the information and concluded that LINA had improperly denied the claim because the mother’s death was in fact a tragic accident.  We quickly hired a biomechanical expert and wrote a detailed appeal letter to the life insurer proving unequivocally the death was an accident, not a suicide.  LINA reversed its claim decision and paid more than three-quarters of a million dollars in benefits without the clients having to file a lawsuit.
  • After 30 years as an aerospace engineer, our client could no longer work due to extreme back pain.  His doctors diagnosed him with degenerative disc disease and prescribed powerful pain relievers.  Unable to return to work, he filed a claim for short-term disability benefits. The claim was initially approved, but the insurer cut off his benefits with its claim denial. He appealed, to no avail. The McKennon Law Group PC filed an ERISA lawsuit seeking the disability benefits he was owed. Two months later, the disability insurer agreed to pay our client all of his short-term disability benefits owed, in addition to paying his reasonable attorneys’ fees and costs. Because the McKennon Law Group PC convinced the insurer to pay attorneys’ fees and costs, our client was able to keep 100% of his disability insurance benefits.
  • A young man hired the McKennon Law Group PC when a life insurance company refused to pay the benefits due after his father’s death because his father allegedly made misrepresentations on his insurance application and therefore the insurer asserted it could rescind the life policy. He had no parents left and desperately needed the life insurance proceeds. The McKennon Law Group first convinced the insurer to pay the life insurance claim of $250,000 without resorting to litigation by pointing out flaws in the insurer’s analysis and threatening litigation.  The insurer capitulated and, following the receipt of the life insurance benefits, the Firm sent a detailed letter to the insurer explaining how its failure to promptly pay the claim and failure to adequately explain why it denied the claim constituted insurance bad faith. Faced with certain devastating litigation, the insurer asked to go to a mediation, eventually paying our client more in potential bad faith and emotional distress damages than the value of the original life insurance policy.  Our client was able to collect substantially more than the face value of the original life insurance policy, even after accounting for the firm’s fees and costs.
  • Our client, a business analyst with a large automotive financial company, became disabled when extreme neck pain, disc displacement and radiculopathy prevented her from sitting and working at a computer for more than a couple of hours a day. Initially, her long-term disability insurer approved her claim for long-term disability benefits under an ERISA plan. However, less than a year later, the insurer denied her claim, arguing that surveillance of her sitting in a coffee shop and going to a Cross-fit gym proved that she was not disabled. She hired the McKennon Law Group PC, and we prepared a detailed appeal letter seeking to overturn the denial of her disability benefits. The appeal letter outlined the legal and factual problems with the insurer’s denial decision. After receiving the letter, the insurer reversed its denial decision, reinstated her claim for long-term disability benefits and is continuing to pay her each month.
  • Our client, a 62-year-old medical billing representative, was forced to stop working due to debilitating back, neck and shoulder pain. Even invasive back surgery did not relieve the pain. Initially, her long-term disability insurer paid her claim for long-term disability insurance benefits, but after only four months, the insurer determined that she could return to work, despite the fact that all of her treating physicians firmly stated that she was unable to continue working. She then hired the McKennon Law Group PC. We filed an ERISA Complaint on her behalf and shortly after the filing of the Complaint, we reached a highly favorable settlement with her disability insurer, allowing her to receive 100% of the past-due and future disability benefits that she was entitled to recover and the disability insurer also paid her attorney’s fees incurred to pursue her case.
  • A service engineer who fell while at work resulting in herniation of a lumbar disc was forced to stop working due to his debilitating pain, muscle weakness, fatigue and resulting depression. After initially approving his claim for short-term and long-term disability benefits, his disability insurer later terminated his claim for benefits once the definition of “disability” in his policy changed from requiring he be incapable of performing his “own occupation” to require he be incapable of performing “any occupation.” After appealing the insurer’s decision, the insurer upheld the termination of disability benefits based upon the opinion of its consulting physician, who determined he was capable of working full-time in a sedentary position. McKennon Law Group PC filed a lawsuit under ERISA in Federal Court in order to recover the disability benefits he deserved. At mediation, McKennon Law Group PC convinced the insurer to pay the full net present value of all past-due benefits owing, future disability benefits, and some of his attorney’s fees without having to go to trial.
  • Our client, a financial advisor at a leading investment banking firm, could no longer perform the duties of his own occupation because he has debilitating low back pain. After paying his long-term disability benefits for four years, the disability insurer terminated them relying on a vague opinion from his treating physician that he could “return to work with accommodation” and an administrative law judge’s decision that he was not disabled under Social Security rules. McKennon Law Group PC, as our client’s disability benefits attorneys, filed an ERISA lawsuit seeking his disability benefits after the client unsuccessfully appealed. Upon evaluating the disability insurer’s claim file, the firm decided it needed additional evidence in the record to use at trial to win the case. It filed two motions to augment the trial record, which the disability insurer vigorously opposed. The firm prevailed on both motions and highly favorable comments by the judge forced the insurer to immediately resolve the case. The disability insurer agreed to pay our client all his back benefits plus his reasonable attorneys’ fees and costs, and reinstate his future monthly long-term disability benefits.
  • Our client, a CPA, could no longer perform the duties of her occupation because she has Ehlers-Danlos Syndrome (“EDS”), a rare hypermobility connective tissue disorder. Her long-term disability insurer abruptly terminated her long-term disability benefits, after paying them for twenty-two months, based on surveillance of her. After the client filed an appeal to no avail, she retained McKennon Law Group PC to file a bad faith lawsuit to secure payment of the long-term disability benefits she was owed. McKennon Law Group PC submitted an opinion letter from her physical therapist, an expert in EDS from Stanford University which led the insurer to reverse its claim decision without litigation. The disability insurer paid her all back benefits plus interest and reinstated her future monthly benefits. McKennon Law Group PC threatened to move forward with bad faith litigation to recover damages caused by the insurer’s unreasonable delay in paying the client’s benefits, including the client’s emotional distress, attorneys’ fees, and punitive damages. It recovered almost a half-million dollars for the client just for the insurer’s bad faith delay, and the client retained the right to continue receiving her monthly disability benefits for life.
  • The McKennon Law Group was contacted by a Personal Banker after his claim for long-term disability benefits was denied. Following an on-the-job accident, the banker experienced severe back pain and back spasms that prevented him from returning to work. When the disability insurance company would not overturn its denial decision following an appeal, the McKennon Law Group PC filed an ERISA lawsuit seeking past-due benefits and attorneys’ fees. Shortly after the complaint was filed, the insurer initiated settlement discussions that resulted in an agreement to pay the banker all of the past-due and future benefits payable under the policy, as well as his attorneys’ fees and costs. It was a total and complete victory for our client.
  • A high-level procurement officer with a large aerospace company found himself unable to continue working due to a variety of conditions, including depression and anxiety. He filed a long-term disability claim but after initially agreeing that he was disabled, the insurance company reversed course without any evidence of improvement, denying not only his claim for long-term disability benefits, but also his claim for waiver of premium benefits for his life insurance policy. He contacted the McKennon Law Group PC, who prepared an appeal letter detailing all of the reasons the disability insurer’s decision was incorrect. After receiving the letter, the insurer reversed its denial decision, and reinstated both his long-term disability benefits and his waiver of premium benefits for his life insurance policy, and is continuing to pay his disability benefits into the future.
  • Our client, an accomplished trial attorney, was forced to end his career due to persistent pain caused by osteoarthritis and other medical issues with his knees. Despite his medical issues, his disability insurance company denied his claims for disability benefits asserting he could still perform the duties of his occupation. When looking for an attorney to handle his disability claim for bad faith against his disability insurer, he chose McKennon Law Group PC since he was impressed with Robert McKennon after previously litigating a three-week arbitration against him which he lost to Mr. McKennon. Highly impressed with Mr. McKennon’s trial skills and success in that case, he wanted McKennon Law Group PC on his side fighting for him. We prepared a detailed letter outlining why our client was entitled to his long-term disability benefits and we were able to quickly negotiate a high six figure settlement, an extremely positive result. See the client’s testimonial here.
  • An engineer with a very demanding and technical job was forced to stop working due to anxiety and depression. He was denied long-term disability benefits by his disability insurance provider, after relying upon the opinion of a nurse consultant who reviewed his medical files and determined that he did not have any restrictions that prevented him from performing his job duties. After appealing the insurer’s decision, the insurer upheld the claim denial after the insurer relied upon an opinion of a consulting psychologist who reviewed the medical records and determined that our client’s symptoms were not severe. He then hired McKennon Law Group PC, who filed suit under ERISA against his insurer. McKennon Law Group PC was secured a substantial six-figure settlement at mediation that paid him for full benefits owed under his disability policy plus additional funds to compensate him.
  • After being diagnosed with multiple sclerosis, our client, a financial expert witness with a very large income, was no longer able to work in his extremely demanding and detail oriented job due to his fatigue and cognitive impairment. He had two long-term disability policies and one short-term disability policy with two separate insurers, and both denied his claim for long-term disability benefits. The insurers both found that his medical records did not support his disability claim. McKennon Law Group PC prepared hired a well-qualified neuropsychologist to rebut the findings of the insurer’s neuropsychologist and prepared three letters appealing the insurers’ denials of his disability claims, describing how the medical records supported the claim for disability benefits and pointing out that the insurers relied upon the deficient opinions of peer review physicians and vocational analysts. After submitting the appeal letters, the insurers reversed their decisions, immediately paying all past-due disability insurance benefits and placing our client back on claim and paying all future disability benefits.
  • A long-time political fundraiser began experiencing severe chronic back pain, muscle spasms, nerve pain and fatigue in the late 1980s. Eventually, he was forced to stop working because the pain and related symptoms made it impossible for him to travel and concentrate for long periods of time. The inability to travel was a big problem, as his job required extensive travel by car and airplane. He filed a disability claim with his insurer and after unsuccessfully fighting his insurer over his claim for long-term disability benefits for several years, he hired McKennon Law Group PC to negotiate a policy buy-out on his behalf or to sue the insurer. When the insurer failed to settle his claim during informal settlement discussions, McKennon Law Group PC filed a bad faith complaint. Shortly thereafter and before they answered the complaint, the insurer agreed to pay a substantial six-figure settlement so it would not have to litigate the bad faith denial of the disability claim.
  • Debilitating back pain prevented our client from continuing to work in his sedentary job because his pain become unbearable after sitting for short periods of time.  When his short-term disability and long-term disability claims were denied by two different insurance companies, our client hired the McKennon Law Group PC to help with his ERISA appeals.  When both insurance companies upheld their denial decisions, we filed two different lawsuits in Federal Court in San Diego so that he could recover the disability benefits he deserved.  In both cases, the insurers quickly settled the lawsuits, allowing the client to receive his disability benefits and one of the insurers agreed to pay our client all of the money he was due, as well as his attorneys’ fees and costs.
  • Our client, a widow mourning the death of her late husband, submitted a claim for life insurance benefits under an ERISA-governed policy he had purchased through his employer.  Though he had dutifully paid premiums for years before he passed for $450,000 in coverage and was sent a personalized certificate of coverage for that amount, the life insurer refused to pay anything besides the “guarantee issue” benefit of $200,000.  The insurer argued it had no duty to pay the higher benefit amount because her husband failed to submit evidence he was in good health when he enrolled for the life insurance policy.  Neither the life insurer nor his employer bothered to alert him the policy had any such requirement.  McKennon Law Group PC promptly stepped in and filed ERISA litigation on the widow’s behalf.  The insurer immediately backed down and McKennon Law Group PC settled the lawsuit for the full policy benefit and all outstanding interest and all of the firm’s attorneys’ fees.
  • Our client, a physician who was unable to continue to work due to depression, exhaustion and fatigue related to rheumatoid arthritis and lupus, filed a claim for long-term disability insurance benefits that was initially approved, but then later denied.  She hired McKennon Law Group PC to help her with an appeal.  McKennon Law Group PC quickly convinced the insurer to overturn the claim denial and pay our client all past-due and future long-term disability benefits owing to her.  However, after reversing its decision, the insurer underpaid the physician by asserting improper offsets.  Again, McKennon Law Group PC intervened and convinced the insurer that its position was incorrect.
  • Our client, a young trial attorney, suffered from a variety of conditions, including lupus, Raynaud’s phenomenon and fibromyalgia. These conditions made it impossible for her to perform her duties as a trial attorney.  After initially approving her ERISA long-term disability insurance claim, the ERISA claims administrator/insurer ordered our client to attend a day-long examination conducted by their paid neurophysiologist.  The neurophysiologist prepared a report, which the insurer relied upon to deny her ERISA claim.  The attorney hired McKennon Law Group PC who then hired a neurophysiologist to rebut this report.  That neurophysiologist prepared a thorough response and McKennon Law Group PC appealed the denial.  Based on this appeal, the insurer reversed its claim decision, and approved the attorney’s long-term disability insurance claim agreeing to pay all past-due benefits owing and to pay future disability benefits.
  • Our clients, a teenage boy and his guardian, approached McKennon Law Group PC for assistance with a life insurance claim that the insurer refused to pay.  The boy’s father purchased a life insurance policy, but died within the two-year contestability period.  After the boy filed a claim for the life insurance proceeds, the life insurer denied the claim, but would not tell him the reasons for claim denial. The insurer refused to have substantive discussions regarding its claim denial for over a year before McKennon Law Group PC got involved.  Within one month, McKennon Law Group PC was able to not only get the insurer to explain its denial decision (an attempt to rescind the policy for alleged material misrepresentations), but to get the claim denial decision overturned by pointing out the reasons the claim denial was not justified.  Our clients were thus able to receive 100% of the life insurance death benefit they were owed.
  • The McKennon Law Group’s client, an IT worker, was forced to stop working due to combination of psychological, gastrointestinal and musculoskeletal problems, and sought long-term and short-term disability insurance benefits under ERISA-governed policies provided by his employer.  His claim for short-term disability benefits was initially approved; however, the insurer eventually denied his claim for further STD benefits and denied his claim for long-term disability benefits.  The McKennon Law Group filed a lawsuit in the federal district court, and the insurance company capitulated, agreeing to pay our client all of his past-due benefits with interest, reinstate his long-term disability benefits and agreeing to pay all of his McKennon Law Group’s attorney’s fees and costs of the lawsuit so that our client could keep 100% of his disability insurance benefits.
  • After paying an attorney long-term disability benefits for over a decade, an insurer decided to suddenly deny his ongoing claim for disability benefits. The attorney hired the McKennon Law Group to challenge the denial.  After the McKennon Law Group aggressively fought the denial, the insurer reinstated the attorneys’ claim in full, and paid him the long-term disability benefits he was due.
  • An optician was unable to work due to a chronic and progressive condition that eats away at her cartilage causing severe osteoarthritis in her joints.  The optician filed a claim for long-term disability benefits through the ERISA plan provided by her employer.  Ignoring the optician’s medical records and a letter from the optician’s doctor stating that she is unable to return to gainful employment, the insurer denied her claim for long-term disability benefits and asserted that she could work full-time at a sedentary job.  The McKennon Law Group PC filed an appeal on the optician’s behalf pointing out all errors made by the insurance company, and successfully convinced the insurer to reverse its denial of benefits decision and pay all of her long-term disability insurance  benefits owed since the claim was filed and to pay the monthly benefits to which she is entitled on an ongoing basis in the future.
  • A financial advisor at a major bank was unable to work due to depression and anxiety.  Despite this, and numerous statements from his treating physicians that he was unable work, an insurer denied his claim for long-term disability benefits under a policy governed by ERISA.  That decision was based on the incorrect “discovery” that our client started his own business and returned to work.  The McKennon Law Group PC demonstrated, not only that this was incorrect, but that the tactics used to gather that “evidence” violated the California Insurance Code.  After initiating litigation, the Firm was able to secure a substantial payment for the client that covered past due and future benefits, as well as attorneys’ fees and costs.
  • The McKennon Law Group PC represented a medium sized company in dispute involving a significant contract to purchase copiers and related services.  The parties engaged in an early mediation, in which our client agreed to pay a small fraction of the alleged damages in order to avoid further litigation.
  • A personal banker could no longer perform the duties of her occupation because of depression, fatigue, anxiety and insomnia.  Those same conditions rendered her unable to file her claims for short-term disability benefits and long-term disability benefits in a timely manner.  Two different insurance companies denied her claims for short-term disability benefits and long-term disability benefits under policies governed by ERISA. The McKennon Law Group PC was able to convince the insurers to accept her late-filed claim, and after litigation, helped her obtain separate favorable settlements from both of the insurers.
  • After experiencing workplace harassment, our client, a paralegal, began experiencing post-traumatic stress disorder, depression and panic disorder, as well as persistent stomach pains, debilitating headaches and insomnia.  The insurance company denied her claim for long-term disability benefits under a policy governed by ERISA, and took the position that even if the client was disabled, despite experiencing both physical and psychological symptoms, any claim was limited to two years of benefits.  Following the initiation of litigation, the McKennon Law Group PC was able to obtain a settlement where the insurance company agreed to pay an amount greater than two years of benefits.
  • An engineer at a large aerospace company suffered a severe stroke, a brain hemorrhage that left him permanently, partially paralyzed on his left side.  His group life insurer through his employer determined he was disabled and therefore waived his life insurance premiums, as the policy required.  After affording this benefit for over two decades and, despite that the engineer’s medical condition had not changed, the insurer inexplicably and unfairly decided to terminate his benefits and his policy.  The McKennon Law Group promptly stepped in and filed ERISA litigation on the engineer’s behalf, demanding that the insurer reinstate his life insurance coverage and continue waiving his premiums.  The insurance company immediately backed down based solely upon the detailed and persuasive Complaint the McKennon Law Group filed.  The insurer reinstated his life insurance policy, gave him a zero premium balance, waived his future premium payments, and paid 100% of his attorneys’ fees and costs.
  • The McKennon Law Group PC was recently able to secure ERISA life insurance benefits for the daughter of the policyholder, without litigation, after convincing the insurance company that the decision to lapse a life insurance policy for non-payment of premiums was incorrect.  Before his death, the insured received a premium invoice listing amounts due for two different policies – group universal life insurance and accidental death and dismemberment insurance.  The insured decided he only wanted the life insurance coverage, and so paid the premium amount identified for that coverage.  The insurance company never informed the insured that he needed to pay the premiums for both types of coverage in order to keep any coverage in effect.  Confusingly, the insurance company then sent a second premium notice that included a premium amount for the accidental death and dismemberment insurance that was different from the initial premium notice, but again failed to explain that the life insurance coverage would lapse if premiums for the accidental death and dismemberment insurance were not paid.  When the additional premium payment was not made, the insurance company lapsed all of the insured’s coverage.  To add insult to injury, the insurance company failed to refund the premiums that were paid for the life insurance.  The McKennon Law Group was able to explain to the life insurance company why the decision to lapse the life insurance coverage was improper, and possibly in violation of the California Insurance Code.  After receiving the McKennon Law Group’s letter, the insurance company paid the full life insurance benefits to the insured’s beneficiary, with interest.
  • A sales executive could no longer perform the duties of his occupation, which required extensive travel to the offices of customers, due to severe back and neck pain. The sales executive filed a claim for long-term disability benefits through the ERISA plan provided by his employer.  After approving and paying the LTD claim for a few months, the insurance company denied the ongoing claim, asserting that the medical records did not support an inability to work, and that the claimant’s own treating physician did not support his claim for disability.  The sales executive hired the McKennon Law Group to handle his appeal, and if necessary, file litigation in order to secure payment of the long-term disability benefits he was owed.  The McKennon Law Group was able to convince the insurance company, without litigation, that the claim denial decision was improper and should be overturned.  In the extensive appeal letter sent to the insurance company, the McKennon Law Group identified the many errors made by the insurance company in handling the ERISA claim.  Upon receipt of the appeal letter and additional supporting documentation, the insurance company reinstated the sales executive’s claim and paid him all back benefits owed.
  • McKennon Law Group PC’s clients, a series of health care and real estate investment companies and their principal, were sued in seven different lawsuits by various investors in the companies.  The investors claimed the clients defrauded them, mismanaged the companies they had invested in, failed to pay the promised return on investment, and diverted company opportunities to themselves, among other things.  They are seeking millions of dollars in damages, well over eight figures.  The clients tendered the lawsuits to their directors & officers’ liability insurer under a claims made and reported policy.  The insurer ignored the tenders, except briefly acknowledging two of the seven claims.  The clients tendered the suits again and again with no response from their insurer.  The clients were left to defend themselves in the lawsuits, some of them for eight months, racking up hundreds of thousands of dollars in attorneys’ fees, until McKennon Law Group PC got involved.  The firm immediately wrote coverage letters in each case to the insurance company, threatening a breach of insurance contract and insurance bad faith lawsuit for the insurer’s delay in responding to the tenders and failure to defend the clients in the underlying liability lawsuits, as the policy required.  The insurer hired coverage counsel from a large out-of-state law firm that reviewed McKennon Law Group’s coverage letters.  Based on the McKennon Law Group letters, the insurer quickly agreed to defend the firm’s clients in six of the seven lawsuits and reimburse them for the past defense fees they had incurred.  It agreed to defend the clients even though there was not a policy in place for the relevant policy year for most of the lawsuits.  The insurer agreed to relate the claims back to an earlier policy year under a “related claims” endorsement.  McKennon Law Group PC convinced the insurer to honor the policy obligations it had ignored for almost a year, without even having to file a coverage lawsuit, thereby saving the clients significant money in litigation expenses.  The firm continues to fight with the insurer over the one suit it declined to defend and over its ability to control the defense of the litigation by imposing “Cumis” counsel rates.
  • McKennon Law Group PC’s client, a police officer whose health gradually declined after he was injured on-duty culminating in cervical spine surgery, asked his long-term disability insurer about filing a claim because he could no longer perform his physical job duties. He was told not to apply because he was ineligible for disability benefits until he exhausted his sick leave, salary continuation and injured-on-duty benefits. The officer dutifully applied for, and received, these benefits for three years. As instructed, just before these benefits were exhausted, the officer submitted his long-term disability insurance claim to the insurer. The insurer denied his claim as untimely under his policy, stating he should have filed the claim within one month after he stopped working, a position which directly contradicted the insurer’s earlier instructions (yet was consistent with the policy’s notice provisions). The insurer also claimed the police officer failed to submit adequate medical records proving he was disabled.  McKennon Law Group appealed the police officer’s claim and filed litigation. It proved he was disabled, the insurer had in its claim file the very medical records it contended it did not have, and that the insurer was estopped from relying on the policy’s notice provision.  The insurer also asserted that ERISA applied to the claim but McKennon Law Group was able to successfully argue that the insurer waived the application of ERISA.  Shortly after McKennon Law Group filed litigation, it convinced the insurer to pay all past-due benefits with interest, and to reinstate all benefits owed and pay the on-going claim.  Subsequently, McKennon Law Group negotiated a six figure policy buy-out that included the full net present value of the police officer’s benefits in addition to all of his attorneys’ fees, a very positive result.
  • A dental hygienist purchased two individual disability policies, and was forced to file a claim for long-term disability benefits when carpal tunnel syndrome and De Quervain syndrome rendered her unable to work any longer. Unfortunately, without the knowledge of the dental hygienist, the insurer’s agent negligently misrepresented her income on her applications. Based on this misrepresentation, the insurer issued, and the hygienist paid for, policies with higher premiums and benefits than it otherwise would have.However, when the hygienist later filed for disability benefits, the insurer accused her of fraud when completing the application. The insurer failed to adequately investigate and discover that those misrepresentations were made by their licensed agent, not the insured. The insurance company refused to approve her claims because of the misstatements on the insurance application.With the help of the McKennon Law Group PC, the dental hygienist filed suit against the insurance agent, the insurance company and the insurance agency that sold her the policies. The McKennon Law Group PC was first able to secure a large six-digit settlement against the agent. Then, after asserting causes of action including breach of contract and a bad faith claim against the insurer for policy benefits, attorneys’ fees, consequential damages, emotional distress and punitive damages, the McKennon Law Group PC secured a multi-million dollar settlement for the dental hygienist against the insurer. The dental hygienist is still pursuing a claim for professional negligence against the insurance agency that sold her the policies.
  • ·A trial attorney developed degenerative rheumatoid arthritis and eventually became unable to work due to the resulting pain and fatigue. While she filed a timely claim for benefits under a disability income policy she purchased, submitted all the required claim forms and provided ample medical evidence supporting her condition, the insurer refused to make a claim decision. Because the insurer continue to delay and failed to pay the claim, McKennon Law Group PC attorneys filed litigation. Following the insurer’s review of the Complaint, the McKennon Law Group PC immediately convinced the insurer to pay our client 100% of her past-due long-term disability insurance benefits, as well as a commitment to pay future benefits to which she was entitled, with the insurer offering a six-figure buy-out of her policy.
  • McKennon Law Group PC’s client, a paralegal, was diagnosed with carpal tunnel syndrome and dequervains tenosynovitis in 2012 but tried to work through the pain.  About one year later, she stopped working as the pain in her neck and shoulders and pain and tingling sensations in both wrists, became unbearable.  Multiple physical examinations and MRI results confirmed her diagnosis and reported symptoms.  The insurer paid her short-term disability insurance claim, but denied her long-term disability claim, based in part on its determination that she did not provide sufficient evidence of continuing impairment.  The insurer reached this determination by deferring to the findings of a physician it retained to review the paralegal’s medical records.  This retained physician never spoke with the paralegal’s doctors, never contacted the paralegal to discuss her condition and did not even review medical records for the correct time period.  The paralegal hired McKennon Law Group, who litigated the case against the insurer. Based on the firm’s efforts, our client obtained a full recovery 100% of her past-due benefits, attorneys’ fees and convinced the insurer to place her back on claim and to pay all future benefits owed.  Because McKennon Law Group recovered its attorney’s fees from the insurer, our client was able to keep 100% of her benefits the insurer paid her.
  • A sales and service specialist at a bank developed chronic back pain due to cervical disc displacement, aggravated by an auto accident. She filed a timely claim, and received short term disability benefits for a brief period. Subsequently, the insurer terminated her short-term disability claim in part by generalizing about a clerical error in her medical records, and denied her long-term disability insurance benefits on the same basis. McKennon Law Group PC appealed her case, filed litigation and represented her through a successful mediation. Ultimately, McKennon Law Group PC helped her recover all her past-due benefits and convinced the insurer to reinstate her claim for long-term disability insurance benefits and to pay her attorneys’ fees.
  • After an accounts payable associate was afflicted with fibromyalgia and a laundry list of other conditions, her doctors restricted her to a part-time work schedule and she applied for benefits to cover her reduced earnings under her employer’s long-term disability insurance plan. However, the insurer denied her claim, incorrectly assuming that the combination of her reduced income and other income benefits exceeded her disability benefits. The insurer failed to inform her that she had the right to appeal, and invited her to reapply once she stopped working or her other income benefits tapered off. Upon her reapplication almost two years later, the insurer again denied her claim, now claiming she did not work enough hours to qualify for coverage, and her coverage ended at the time she reduced her hours. McKennon Law Group PC conducted a comprehensive analysis of the client’s claim and discovered the insurer did not explain that she could qualify for disability benefits once she was unable to work full-time and that her earnings only partially offset her disability income benefits. Based on this information McKennon Law Group PC filed litigation. Eventually, McKennon Law Group PC was able to settle of her short-term and long-term disability claims getting her benefits and her attorneys’ fees.
  • A disability insurer paid a bank teller’s short-term disability claim for a few weeks, but later denied her claim based on a selective review of her medical documents and overemphasis of the importance of one medical note stating she was able to work four hours per day. On appeal, the client’s medical provider explained this statement was a “clerical error” and she was not able to work. McKennon Law Group PC filed a second appeal and provided additional supporting evidence that her condition caused her pain, that she had limited range of motion and did not heal despite extensive treatment and physical therapy. Subsequently, McKennon Law Group PC filed litigation and convinced the insurer to pay back all past-due short-term and long-term disability benefits, and place the client back on claim so her benefits are paid into the future. The insurer paid her attorneys’ fees so that she was allowed to keep 100% of her ERISA plan benefits.
  • A field engineer/consultant developed a severe and crippling back condition which rendered him unable to sit and drive for long distances and install heavy equipment for clients. The engineer and his employer provided explicit details about the physical demands required of him, and his doctors provided specific restrictions on his physical activities. However, insurer dismissed his severe pain, conveniently ignored that fact that these sales presentations involved repeatedly lifting and installing equipment in excess of fifty pounds and determined he was not disabled under his long-term disability insurance policy because he was capable of giving sales presentations and dealing with stressful situations. McKennon Law Group filed litigation and subsequently obtained a six-figure settlement for the engineer.
  • Our client, a widower, had his claim for life insurance benefits denied because his late wife, due to her ailing health, forgot to pay the premiums on her life insurance policy and their life insurance agent did not take steps to ensure the policy did not lapse.  Because she missed several payments, the policy lapsed several months prior to her death and the insurance company terminated coverage. The insurer later denied our client’s claim for death benefits under the policy.  Despite this, McKennon Law Group conducted a comprehensive review of the widower’s case, filed a lawsuit against the agent and the insurer, asserting several legal theories for recovery and aggressively pursued the widower’s claim.  Ultimately, McKennon Law Group obtained a significant settlement of his case, well beyond our client’s expectations.
  • Our client, a nurse who suffered cumulative back trauma because her job in the emergency room required repeatedly lifting, transferring and triaging patients, performing CPR and walking for prolonged periods, became totally disabled. After she stopped working, the insurer briefly paid her long-term disability insurance claim, but terminated her benefits based on its allegation that she could return to work as a nurse in a medical office.  Our client appealed this decision, but it was again denied.  Facing financial hardship, she attempted to return to work consulting in a medical office, but was unable to continue working even in this capacity due to severe back pain.  Despite her attempt to return to work, the insurer again denied her claim for benefits, based on its determination that she was capable of working full-time in an office setting. McKennon Law Group PC obtained a six-figure settlement for our client.
  • An insurer attempted to rescind a dentist’s disability insurance policy and business overhead expense policy on the grounds she made material misrepresentations in the applications.  Mckennon Law Group handled her breach of contract and bad faith claim and, after the insurer decided to pay her disability claim, was able to convince the insurer to pay a six-figure settlement to resolve her claims.
  • An insurer denied a widow’s claim for her husband’s life insurance benefits, stating his policy lapsed when he stopped working and paying premiums before he passed away.  In addition, the insurer refused to communicate further or provide the widow’s family with information regarding the policy and their claim.  McKennon Law Group PC investigated the claim and determined the insured had coverage because he qualified for a waiver of premiums due to a disability, and thus his policy did not lapse.  McKennon Law Group PC appealed the denial, and convinced the insurer to overturn its decision and pay six-figure life insurance benefits to the widow.
  • After prolonged investigation, an auto insurance company determined that another driver was largely at fault for causing a series of auto accidents, which resulted in severe physical injuries to a young woman and extensive vehicular damage.  Following this determination, the insurer learned the driver-at-fault was underinsured, making the insurer liable under its underinsured motorist policy.  Subsequently, the insurer stalled two years until an arbitrator decided coverage issues in favor of our client.  McKennon Law Group PC later handled the bad faith portion of the claim obtained a six-figure settlement for the insured.
  • A life insurance company received a claim for benefits from a widow and her minor children.  The insurer paid a portion of the claim, but denied the supplemental life insurance benefits, claiming the insured failed to provide proof of good health.  However, the insurer never asked for proof of good health, never instructed the insured on how to provide this and accepted his application and premiums for the policy, including supplemental life coverage.  McKennon Law Group PC filed suit and obtained a six-figure settlement of the case in excess of the actual life insurance proceeds due under the contract.
  • A field engineer/service representative developed a degenerative orthopedic condition which caused debilitating knee pain.  Although his job involved substantial physical requirements, the insurer mischaracterized his job as a sedentary/sales position, ignored supporting diagnostic evidence and denied his disability benefits.  McKennon Law Group PC convinced the insurer to place the engineer back on claim and pay back all past-due benefits.
  • Although an escrow officer was diagnosed with a variety of debilitating conditions, the insurer terminated her long-term disability benefits based on its paid physician’s determination that her medical diagnoses, evaluated individually, did not render her disabled. McKennon Law Group PC convinced the insurer to reverse its decision, reinstate the escrow manager’s benefits and pay all of her past-due and future disability benefits amounting to over $1,000,000. In addition, the district court judge awarded McKennon Law Group its attorneys’ fees of over $112,000, approving the firm’s rate of $650/hour for Mr. McKennon’s work, $550/hour for senior associate attorneys and $250/hour for its junior associate attorneys. The judge also awarded the client her litigation costs and a 5% prejudgment interest on her past-due benefits.
  • A large disability insurer improperly denied a disabled engineer’s claim. McKennon Law Group PC filed litigation and the insurer immediately put the client back on claim and paid all past-due benefits. Then, our client obtained a large six figure settlement against an insurer to settle his claim for future disability benefits and the insurer’s bad faith in administering the engineer’s claim for benefits. This settlement represented a large six figure sum for the bad faith damages in addition to full policy benefits.
  • A grocery store manager became disabled and received disability benefits for about three years. Subsequently, the insurer began looking for ways to deny his disability claim by conducting surveillance on the store manager, misinterpreting his medical documentation to suggest improvement and mischaracterizing his job duties. McKennon Law Group PC helped the client obtain a six figure settlement for his future disability benefits in a case governed by ERISA.
  • McKennon Law Group PC achieved a seven figure settlement in an insurance bad faith and insurance fraud case against several defendants, including a large insurer, on behalf of a business owner who was sold a 412(i) retirement pension plan.
  • The insurer terminated long-term care coverage for an insured based on surveillance footage. McKennon Law Group PC convinced the insurer the insured was incapable of performing her activities of daily living. The case was settled in the mid-six figures.
  • Following a field engineers’ on-the-job accident, examining doctors determined he was over 50% functionally impaired and unable to compete in the job market. The insurer terminated his long-term disability benefits, stating he was capable of working “any occupation.” McKennon Law Group PC convinced the insurer to reinstate his benefits and pay all of his past-due and future long-term disability benefits amounting to over $1,000,000. McKennon Law Group PC is pursuing a bad faith claim against the insurer for attorneys’ fees, consequential damages, emotional distress and punitive damages worth several million dollars.
  • A plaintiff purchased a life insurance policy which contained a waiver of premiums provision available if the insured is totally disabled for six months. However, the insurer unreasonably interpreted the waiver of premiums policy language and retained over $20,000 in premium payments. McKennon Law Group attorneys obtained a settlement well in excess of the plaintiff’s retained premiums.
  • An individual purchased a life insurance policy for his mother, which named him as the beneficiary. The insurer consistently and habitually accepted late payments and waived the reinstatement applications for the policy. Subsequently, the insurer unreasonably lapsed the policy. Ultimately, the insurer denied the claim. McKennon Law Group attorneys represented the client, and the client eventually received the full amount of the death benefit claim in a mid six-figure settlement.
  • A financial advisor suffered major depression and filed a claim for disability benefits. After its independent medical review, the insurer found her symptoms were consistent with her depression diagnosis and she was unable to work. However, the insurer denied her claim. McKennon Law Group PC obtained a mid six-figure settlement for the financial advisor.
  • Family members purchased life insurance policies to cover future estate taxes. Subsequently, an insurance agent persuaded the family members to switch to another type of policy, and leave important application term blank. Due to this omission, defective notice from the insurer and other improper acts, a substantial life insurance policy lapsed. McKennon Law Group attorneys convinced the insurer to reinstate the policy and the firm obtained a six-figure settlement.
  • A retail store manager submitted his application for a disability policy, and following advice from a plan sponsor representative, left one section blank. The insurer improperly stated the application was incomplete and stalled the effective date, then denied his claim for benefits. McKennon Law Group PC convinced the insurer to place the manager back on claim and pay all of his past-due and future disability benefits amounting to several hundred thousand dollars.
  • A waitress became unable to work due to a cerebral hemorrhage. The insurer improperly determined her disability was a preexisting condition and denied her claim. McKennon Law Group PC filed complaint and the court permitted the insured to file an administrative appeal. On appeal, the insurer reversed its decision and paid the insured all of her past-due and future disability benefits.
  • An insurance agent negligently violated company protocol and a promise to an elderly insured to contact the insured and inform him of an upcoming policy lapse of a life insurance policy. Subsequently, the policy lapsed and the insurer terminated coverage and issued a large 1099 for all interest paid on the policy. McKennon Law Group PC settled the case for most of the life insurance policy’s death benefit.
  • An accountant sustained atypical seizures following major surgery. The insurer improperly determined the surgeries caused the seizures, classified the residual injuries as complications from a “sickness” and denied his disability insurance claim. McKennon Law Group attorneys obtained a six-figure settlement from the insurer.
  • Although not physically injured, a woman suffered emotional distress when a vehicle crashed into her home. The driver’s insurer originally denied her personal injury claim, claiming the injury did not cause a physical injury. McKennon Law Group PC helped the woman obtain a settlement over three times greater the insurer’s original offer.
  • After a nonprofit corporation discovered embezzlement by its vendor, its insurer refused coverage for the amount stolen, corresponding penalties and interest charges. McKennon Law Group PC represented the management company in arbitration and obtained a mid six-figure settlement from the insurer.
  • A corporate executive suffered nerve damage and experienced frequent outbreaks of pain. The insurer improperly categorized her complex management duties as “sedentary” and ignored consistent findings by her doctor in order to deny her long-term disability benefits. McKennon Law Group PC convinced the insurer to reverse its decision and to pay all of her past-due and future long-term disability benefits amounting to over $1,000,000.
  • A claims examiner submitted substantial medical records showing he suffered chronic pain and a restricted range of motion such that he could only work four hours a day due to severe spinal stenosis. The insurer denied his long-term disability insurance claim. McKennon Law Group PC convinced the insurer to reverse its decision and pay all of his past-due and future disability benefits amounting to several hundred thousand dollars.
  • A school bus driver suffered extensive physical and mental injuries following an automobile accident, but the insurer categorized his conditions as stress-related, and denied his long-term disability insurance claim. Notably, bus driver’s policies did not exclude coverage for stress-related symptoms. McKennon Law Group filed a claim against the insurer for bad faith and obtained a six-figure settlement for the insured that was greater than six times his total disability benefits allowed under his policy.
  • A courier’s arthritis caused severe hip and abdominal pain such that she could not tolerate the extensive driving, bending and lifting required for her occupation. The insurer ignored evidence of multiple surgeries and other serious medical issues, and denied her long-term disability insurance claim. McKennon Law Group PC challenged the insurer’s denial and convinced the insurer to pay all of her past-due and future long-term disability benefits. In addition, the court forced the insurer to pay her substantial attorneys’ fees.
  • After an attorney became disabled, she worked part-time in another field. Her insurer denied her disability insurance claim, stating improperly that she was capable of working full time at this second job. McKennon Law Group PC convinced the insurer reverse its decision and buy out her disability policy in a high six-figure settlement.
  • A senior analyst at Bank of America stopped working due to severe arthritis. The insurer paid some short-term disability benefits then terminated the disability insurance claim. McKennon Law Group PC convinced the insurer to overturn its claim denial, and to pay all of his past-due and future disability benefits.
  • A software developer experienced persistent pain following postoperative complications but the insurer denied his disability insurance claim. McKennon Law Group PC subsequently filed a complaint and while the case was pending, McKennon Law Group PC convinced the insurer to pay all of his past-due and future disability benefits amounting to several hundred thousand dollars. McKennon Law Group PC then forced the insurer to pay the software developer’s attorneys’ fees and costs.
  • A U.S. veteran continued to suffer chronic pain in his back, knees and legs following a surgical procedure. His disability insurer terminated his disability insurance benefits shortly after the procedure, and denied his claim for ongoing benefits. McKennon Law Group PC handled the appeal and within three months, convinced the insurer to reinstate his disability benefits, and to pay all of his past-due and future disability benefits.
  • An engineer was diagnosed with sciatica which caused throbbing pain to his lower back and thigh area. The insurer denied his claim for disability insurance benefits, stating his condition was not severe enough to support a functional loss. McKennon Law Group PC convinced the insurer to overturn its denial and pay short-term disability benefits and to consider his long-term disability insurance claim.
  • Our client, a business with employees, obtained an employee practices liability policy. When a disgruntled company employee brought suit against the company, the company tendered its defense and indemnity to two insurance carriers. The carriers attempted to rescind the policy, and also refused to defend and indemnify the company and attempted to rescind the policy based on certain exclusions and the timing of the tender. McKennon Law Group PC convinced both insurance carriers to overturn their denials and to defend and indemnify the company against the liability claim.
  • McKennon Law Group PC’s client, a district manager, suffered extreme job-related stress which led to anxiety and depression.  In addition, he suffered a variety of physical afflictions, including insomnia, difficulty concentration, headaches and back pain due to cervicalgia.  The insurer denied his disability insurance ERISA claim and ignored substantial evidence of his depression, anxiety and physical symptoms.  Rather, the insurer and its doctors relied on surveillance footage (which revealed little other than our client speaking to a neighbor, wiping a water stains off his car, riding a bike, and doing minor yard work) as compelling evidence that our client had no functional or mental limitations.  McKennon Law Group challenged this denial, litigated the case and convinced the insurer to buy out the disability insurance policy during an early mediation that enabled our client to get paid soon after the complaint was filed.

Other Successes

  • The United States District Court for the Central District of California has approved the highest billing rate ever allowed by a California Court for ERISA insurance matters for McKennon Law Group’s founding partner, Robert McKennon. The court approved Mr. McKennon’s billing rate based on his strong experience and expertise in litigating ERISA and bad faith insurance matters, stating: “[G]iven Mr. McKennon’s extensive experience in ERISA matters, it seems reasonable that he would command fees on the high end for attorneys practicing in this area of law.”
  • McKennon Law Group PC attorney Scott E. Calvert wins defense verdict in corporate severance suit.
  • McKennon│Schindler LLP, Robert J. McKennon’s prior law firm before he founded McKennon Law Group PC, filed an action under the Financial Industry Regulation Authority (“FINRA”) on behalf of a client who lost his life savings due to the negligence and a breach of fiduciary duty owed to him by Cullum & Burks Securities and advisor Robert J. Clark.  After a hearing and arbitration in which Mr. McKennon appeared, our client was awarded his full compensatory damages plus interest of $543,612.62.

Disclaimer: The settlements and verdicts presented above are generalized from actual outcomes. The potential for recovery depends on each client’s individual situation, circumstances and insurance policies at issue. Given the uncertain nature of litigation, attorneys cannot guarantee case results.