Ten Things to Consider and Look For in Your ERISA Life and/or Accidental Death and Dismemberment (AD&D) Insurance Plans When Selecting Benefits or You Want to File a Claim
March 18, 2019 McKennon Law Group PC1. Obtain a full copy of your plan. The full plan will not typically be a benefit summary or a print-out from a website. It will be fairly long and many definitions and it will recite your ERISA plan terms, …
Ten Things to Consider and Look For in Your ERISA Short-Term and Long-Term Disability Plans When Selecting Benefits or You Want to File a Claim
February 28, 2019 McKennon Law Group PC1. Obtain a full copy of your plan and administrative record. The full plan will not typically be a benefit summary or a print-out from a website. It will be fairly long and many definitions and it will recite your …
Robert J. McKennon Recognized as 2019 "Super Lawyer – Insurance Coverage"
February 13, 2019 McKennon Law Group PCMcKennon 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 2019 edition of Southern California Super Lawyers magazine published in January …
USA Today Publishes Article—Why millennials should consider disability insurance
February 08, 2019 McKennon Law Group PCOn January 29, 2019, USA Today published an article, “Why millennials should consider disability insurance,” by Robert Powell. The article argues for the importance of purchasing disability insurance at a young age, since most insureds are left with the financial …
Breach of Fiduciary Duty under ERISA: Ninth Circuit Clarifies That Mere Disclosure of Plan Documents Is Insufficient “Actual Knowledge” to Trigger Statute of Limitations
January 23, 2019 McKennon Law Group PCIn pension and savings plan cases, it can often take several years before an employee realizes that there has been a breach of fiduciary duty. Typically, an employee’s financial loss triggers an investigation that later reveals the facts of the …
Court Says the Development of a Disabling Condition after Surgery for an Unrelated Condition Does Not Preclude Recovery of ERISA Disability Benefits under Pre-Existing Condition Exclusion
January 16, 2019 McKennon Law Group PCInsurance companies often seek to exclude insureds from coverage through their long-term disability (“LTD”) plans by asserting the pre-existing condition exclusion. If an applicant for LTD benefits has a non-disabling condition or becomes disabled as a result of a condition …
Discovery Disputes in ERISA Breach of Fiduciary Duty Cases: Do the Usual Limitations Apply?
December 27, 2018 McKennon Law Group PCDiscovery Disputes in ERISA Breach of Fiduciary Duty Cases: Do the Usual Limitations Apply?
The Employee Retirement Income Security Act of 1974 (“ERISA”) manages many of the benefits people receive from their employers. These benefits include short-term and long-term disability …
If You Must Miss Work Two Days a Month Due to a Disabling Condition, Are You Precluded from Working in Any Occupation Under a LTD Policy?
December 19, 2018 McKennon Law Group PCFacing a long-term disability (“LTD”) claim, ERISA plan participants under LTD policies can count on the fact that insurance companies will search for ways to escape payment of the monthly LTD benefits they promised their insureds. These insurers often point …
Court Rules That an Insurer Failed to Use Proper “Reasonable Continuity” Standard in Evaluating a Preexisting Condition that Disabled the Claimant
November 29, 2018 McKennon Law Group PCUnder many long-term disability insurance policies, the insured is considered disabled if he or she is unable to perform “with reasonable continuity” the important tasks, functions, and operations of his or her occupation for a specified period of time. If …
Breach of Fiduciary Duty under ERISA: Making the Insurer or Plan Administrator Responsible for their actions towards a Plan’s Participants and Beneficiaries
November 06, 2018 McKennon Law Group PCIn a previous blog, we addressed the doctrines of equitable estoppel and waiver when the Employee Retirement Income Security Act of 1974 (“ERISA”) governs their insurance or pension plan. As we explained, both doctrines provide an insured with methods …
