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26 Feb 2018, 2:03 pm
And we know that one person may be capable of tolerating a completely … The post How to Fight ERISA Long-Term Disability Claims Denials: The Use of Personal Statements appeared first on McKennon Law Group PC. [read post]
27 Dec 2018, 8:20 pm
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23 Jan 2019, 11:08 am
Typically, an employee’s financial loss triggers an investigation that later reveals the facts of the … The post Breach of Fiduciary Duty under ERISA: Ninth Circuit Clarifies That Mere Disclosure of Plan Documents Is Insufficient “Actual Knowledge” to Trigger Statute of Limitations appeared first on McKennon Law Group PC. [read post]
2 Feb 2018, 11:02 pm
The denial letter notified Lazarus that his employer’s health plan would no longer cover the … The post LA Times Report: Pervasive Problem of Improper Health Insurance Denials appeared first on McKennon Law Group PC. [read post]
16 Jan 2018, 11:04 pm
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14 Jun 2018, 2:17 pm
Mental health parity describes the equal treatment of mental health conditions and non-mental health conditions in … The post Ninth Circuit Interprets the Health Parity Act in Favor of Insureds Seeking Health Insurance Benefits appeared first on McKennon Law Group PC. [read post]
26 Jan 2018, 9:58 pm
Department of Labor (“DOL”), the administrative agency given the authority to regulate employee benefits under, and to enforce the statutory provisions of, the Employee Retirement Income … The post Department of Labor Announces April 1, 2018 as Final Date For ERISA Claims Procedures Related to New ERISA Disability Insurance Regulations appeared first on McKennon Law Group PC. [read post]
28 Sep 2017, 4:12 pm
ERISA requires SPDs to … The post Plan Administrators Cannot Violate their Fiduciary Duties by Failing to Provide Proper Notice of Policy Amendments; ERISA Plan Exclusions/Limits May Not be Enforceable appeared first on McKennon Law Group PC. [read post]
21 Jun 2017, 11:28 am
For instance, disability insurers will often have a claimant’s records analyzed by consulting physicians who challenge the … The post Decision Scrutinizes Common Tactics Insurers Use to Deny Valid Claims for Long-Term Disability Benefits appeared first on McKennon Law Group PC. [read post]
16 Jan 2019, 6:15 pm
If an applicant for LTD benefits has a non-disabling condition or becomes disabled as a result of a condition … The post 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 appeared first on McKennon Law Group PC. [read post]
3 Aug 2018, 10:06 am
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28 Feb 2019, 10:25 am
It will be fairly long and many definitions and it will recite your … The post 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 appeared first on McKennon Law Group PC. [read post]
29 Nov 2018, 3:55 pm
If … The post Court Rules That an Insurer Failed to Use Proper “Reasonable Continuity” Standard in Evaluating a Preexisting Condition that Disabled the Claimant appeared first on McKennon Law Group PC. [read post]
26 Dec 2017, 7:20 am
ERISA was enacted to protect employer-sponsored benefits provided … The post When the Clock is Ticking: The Interplay of the Contractual Limitations Period and the Statute of Limitations in a Disability Insurance Case appeared first on McKennon Law Group PC. [read post]
1 Apr 2019, 9:00 am
In this several part Blog Series entitled The Basics of an ERISA Life, Health and Disability Insurance Claim, we discuss the basics of an ERISA life, health and disability claim, from navigating a claim, handling a claim denial and … The post The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Two: Plan and Claims Administrators appeared first on McKennon Law Group PC. [read post]
26 Jul 2018, 4:29 pm
Depending on the language in the underlying … The post The Latest Frontier for Forum Selection Clauses: ERISA Policies appeared first on McKennon Law Group PC. [read post]
2 Oct 2018, 7:12 pm
This covenant requires that insurance companies refrain from acting in a way … The post Court upholds Commissioner’s Contention: A Single Insurance Code Violation Can Constitute Bad Faith Without Evidence of a General Business Practice appeared first on McKennon Law Group PC. [read post]
6 Nov 2018, 10:02 am
As we explained, both doctrines provide an insured with methods … The post Breach of Fiduciary Duty under ERISA: Making the Insurer or Plan Administrator Responsible for their actions towards a Plan’s Participants and Beneficiaries appeared first on McKennon Law Group PC. [read post]
29 Jun 2018, 2:14 pm
As expected, insurers regularly deny claims when they are able to characterize an insured’s conduct … The post A RECENT CALIFORNIA SUPREME COURT DECISION CLARIFIES WHEN AN INTENTIONAL ACT GIVES RISE TO INSURANCE COVERAGE UNDER A LIABILITY POLICY appeared first on McKennon Law Group PC. [read post]
6 Jan 2018, 12:41 am
ERISA requires that the plan and claims administrators adhere to certain internal procedures, often referred to as “administrative remedies,” … The post Exhaustion of Administrative Remedies in ERISA: The Potential Death Knell of a Disability, Life or Health Insurance Claim appeared first on McKennon Law Group PC. [read post]
