Tag Archives: Waiver
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 …
Waiver and Estoppel in the Ninth Circuit Post Salyers v. Metropolitan Life Ins. Co.
October 16, 2018 McKennon Law Group PCWaiver and equitable estoppel serve as some of the legal systems’ fundamental checks on the fairness of a party’s actions. Both doctrines serve to prevent an individuals and insurers from performing actions contradictory to what they have previously guaranteed or …
Opportunistic Rescission: When Do Insurers Waive their Right to Rescind an Insurance Policy?
July 12, 2018 McKennon Law Group PCAll too often, we see insurance companies deny insurance claims by attempting to opportunistically rescind insurance policies. This practice has become more prevalent in recent years as insurers look for ways to deny insurance claims.
Anyone who has purchased a …
Exhaustion of Administrative Remedies in ERISA: The Potential Death Knell of a Disability, Life or Health Insurance Claim
January 06, 2018 McKennon Law Group PCThe Employee Retirement Income Security Act of 1974, or ERISA, establishes protections for most employee benefits offered through employer-sponsored benefit plans. ERISA requires that the plan and claims administrators adhere to certain internal procedures, often referred to as “administrative remedies,” …
Cohorst v. Anthem: When Does Waiver Apply under ERISA?
December 26, 2017 McKennon Law Group PCThe Employee Retirement Income Security Act of 1974, or ERISA, governs most employer-sponsored benefit plans. ERISA establishes protections for employees in the administration of their employer-sponsored benefits, requiring that the administrator adhere to certain requirements when determining a plan participant’s …
A Pro-Insurer Decision Provides Guidance for Insureds on the Application of Estoppel and Waiver to Statute of Limitations Defenses in Disability Insurance ERISA Cases
April 24, 2014 Robert McKennonAt times, decisions that appear favorable to insurers can also have unexpectedly positive take-aways for policy holders. Gordon v. Deloitte & Touche, __ F.3d ___, 2014 U.S. App. LEXIS 6688 (9th Cir. April 11, 2014) is just such a …
Helpful Tips to Policyholders: Pay Close Attention to Plan's Limitations Provisions
March 06, 2014 Robert McKennonDo you have a disability insurance policy, health insurance policy or life insurance policy through your work? If you do, you should read this article as you may miss some important deadlines if you do not.
The Supreme Court’s recent …
Supreme Court Looks at ERISA Plan Terms to Govern Limitation Periods to File Lawsuits
December 18, 2013 Robert McKennonIn a highly anticipated decision, a unanimous United States Supreme Court held that insureds with employer-sponsored plans are contractually bound by the limitations periods set forth in their plan documents. These limitations periods, which specify when insureds must file any …
Ninth Circuit Rules that California's Mental Parity Act Requires Health Insurers to Pay for Certain "Medically Necessary" Treatment for Mental Illnesses
September 07, 2011 Robert McKennon
In an important decision, the Ninth Circuit Court of Appeals ruled that California’s Mental Health Parity Act (“Parity Act” ) requires that health insurers cover certain medically necessary treatment for certain mental illnesses, even if the insurance policy explicitly excludes …
The Waiver Doctrine, Alive And Well in ERISA Cases
August 11, 2010 Robert McKennonThe Wednesday August 11, 2010 edition of the Los Angeles Daily Journal featured my article, entitled “The Waiver Doctrine, Alive And Well in ERISA Cases,” in the Perspective column. It explains a very recent case from the Ninth …
