How to Fight ERISA Long-Term Disability Claims Denials: The Use of Personal Statements

Posted in: Benefits, Disability Insurance News, ERISA April 02, 2018

Pain is a highly subjective, personal phenomenon. Only the person suffering from pain can adequately describe that pain and how that person is affected by the pain. And we know that one person may be capable of tolerating a completely different threshold of pain when compared to another person. Similarly, reports of fatigue vary widely from person to person. Because of the nature of pain, fatigue and other such disabling symptoms, determining whether subjective complaints render an individual disabled for the purposes of long-term disability benefits necessarily relies on the individual claimant’s personal statement/description. Put another way, the individual must explain what he or she goes through firsthand. Not only does this aid in the insurer’s understanding of the insured’s …

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How to Fight ERISA Long-Term Disability Claims Denials: The Use of Personal Statements

Posted in: Benefits, Disability Insurance News, ERISA February 26, 2018

Pain is a highly subjective, personal phenomenon. Only the person suffering from pain can adequately describe that pain and how that person is affected by the pain. And we know that one person may be capable of tolerating a completely different threshold of pain when compared to another person. Similarly, reports of fatigue vary widely from person to person. Because of the nature of pain, fatigue and other such disabling symptoms, determining whether subjective complaints render an individual disabled for the purposes of long-term disability benefits necessarily relies on the individual claimant’s personal statement/description. Put another way, the individual must explain what he or she goes through firsthand. Not only does this aid in the insurer’s understanding of the insured’s …

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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 complaint, and its broader applications regarding insurance coverage exclusions involving rentals and the impact on the potential for insureds to lose important coverage rights when they engage in once only or sporadic rentals of all or parts of their home.  In the article, Mr. McKennon explains that the insurer failed to define the terms in the exclusion, specifically the phrase “other structures reserved for rental.”  Accordingly, those terms were ambiguous as applied to the facts of the case (the complaint …

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Zubillaga v. Allstate Indemnity Co. California Court Rules in Favor of Insured

Posted in: Accidental Death or Dismemberment, Bad Faith, Benefits, Insurance Bad Faith, Insurance Litigation Blog, Life Insurance July 07, 2017

Underlying every insurance contract in California is an implied promise of “good faith and fair dealing,” which requires that the insurer act in good faith when handling the insured’s claim.  If the insurer has a “genuine dispute” as to coverage, then the insurer will typically be found not to have acted in bad faith.  In a recent opinion, the California State Court of Appeal reversed a lower court ruling granting summary judgment in favor of the insurer on the genuine dispute doctrine.  Ultimately, the Court found that the insured raised an issue of material fact regarding whether the insurer reasonably relied on an expert opinion to repeatedly undervalue her claim.  In this article, we cover some of the basics of …

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Top 5 Ways Insurers Commit Insurance Bad Faith in Denying Accidental Death or Dismemberment Claims

Posted in: Accidental Death or Dismemberment, Bad Faith, Benefits, Insurance Litigation Blog, Life Insurance June 28, 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 of law.  To speak with a highly skilled Los Angeles long-term disability insurance lawyer at the McKennon Law Group PC, call (949)387-9595 for a free consultation or go to our website at www.mckennonlawgroup.com and complete our free consultation form today.

If you have an individually purchased insurance policy that provides coverage for accidental death or dismemberment, the Employee Retirement Income Security Act (“ERISA”) does not govern your claim.  Instead, state law applies to your dispute, including a body of law …

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Top 5 Ways Insurers Commit Insurance Bad Faith in Denying Life Insurance Claims

Posted in: Bad Faith, Benefits, Disability Insurance News, Insurance Bad Faith, Insurance Litigation Blog, Life Insurance June 20, 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 of law.  To speak with a highly skilled Los Angeles long-term disability insurance lawyer at the McKennon Law Group PC, call (949)387-9595 for a free consultation or go to our website at www.mckennonlawgroup.com and complete our free consultation form today.

If you purchased an individual life insurance policy, as opposed to an employer-sponsored policy, the Employee Retirement Income Security Act (“ERISA”) will not apply to your claim.  Instead, separate principles of contract law govern your claim, including “insurance bad faith.”  …

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U.S. Supreme Court Upholds Church Plan ERISA Exemption

Posted in: Bad Faith, Benefits, Breach of Contract, Church Plans, Disability Insurance, ERISA, Government Plans, Insurance Litigation Blog, Insurance Questions and Concepts June 09, 2017

The Employment Retirement Income Security Act of 1974, otherwise known as ERISA, protects employees from unanticipated losses in retirement or pension plans.  As we have discussed in several articles on the topic, ERISA safeguards such plans by establishing strict protections and requirements on the administration of most employer-sponsored health, disability, life, retirement and other employee benefits plans.  However, ERISA does not govern all employer-sponsored benefit plans.  In general, ERISA carves out exemptions for those plans established or maintained by a government or church entity.

Just a few days ago, in Advocate Health Care Network v. Stapleton, the United States Supreme Court determined a significant question affecting pension plans run by church-affiliated hospitals.  As we predicted months ago, the …

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Top 5 Ways Insurance Companies Commit Insurance Bad Faith

Posted in: Bad Faith, Benefits, Disability Insurance News, Insurance Bad Faith, Insurance Litigation Blog, Non-ERISA June 05, 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 of law.  To speak with a highly skilled Los Angeles long-term disability insurance lawyer at the McKennon Law Group PC, call (949)387-9595 for a free consultation or go to our website at www.mckennonlawgroup.com and complete our free consultation form today. 

If you purchased an individual disability insurance policy, the Employee Retirement Income Security Act (“ERISA”) will not apply to your claim.  Instead, separate principles of contract law govern your claim, which includes what is often referred to as “insurance bad …

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Plaintiff Recovers $750,000 Based on Plan Administrator’s Breach of Fiduciary Duty

Posted in: Bad Faith, Benefits, Church Plans, Disability Insurance News, ERISA, Government Plans, Insurance Litigation Blog, Insurance Questions and Concepts May 23, 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 of law.   To speak with a highly skilled Los Angeles long-term disability insurance lawyer at the McKennon Law Group PC, call (949)387-9595 for a free consultation or go to our website at www.mckennonlawgroup.com and complete our free consultation form today. 

In some instances, ERISA plan participants may be able to “continue” or “convert” their employer-sponsored long-term disability, life, medical or other insurance policy even after they no longer work for their employer.  This ability to convert to an individual policy …

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When the Price is Right: Types of Attorneys’ Fee Arrangements For Handling Long-Term Disability ERISA Claims

Posted in: Bad Faith, Benefits, Church Plans, Disability Insurance, Disability Insurance News, ERISA, Government Plans, Insurance Bad Faith, Insurance Litigation Blog, Insurance Questions and Concepts May 04, 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 of law.  To speak with a highly skilled Los Angeles long-term disability insurance lawyer at the McKennon Law Group PC, call (949)387-9595 for a free consultation or go to our website at www.mckennonlawgroup.com and complete our free consultation form today.

Long-term disability insurance may be the most important type of insurance policy one can buy.  In the unfortunate event that an unexpected disability prevents you from working, long-term disability insurance provides a substitute income in your time of need.  …

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