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29 May 2019, 10:05 am by McKennon Law Group PC
  If the defendant is a corporation, such as an insurance company, the defendant is liable for punitive damages if the act of oppression, fraud or malice was authorized or ratified by an officer, director or managing agent of the corporation or if the officer, director or managing agent was personally guilty of such … The post Court Finds Regional Claims Administrator Qualifies as a “Managing Agent” of an Insurance Company, Justifying an Award of Punitive Damages appeared… [read post]
17 May 2019, 7:55 am by McKennon Law Group PC
In Hodges, the Tenth Circuit Court of Appeals affirmed the ruling of the district court that … The post Tenth Circuit Finds that Policy Terms in an ERISA Plan Did Not Unequivocally Grant an ERISA Administrator Discretion to Interpret Plan Terms, Applies De Novo Review appeared first on McKennon Law Group PC. [read post]
22 Apr 2019, 9:00 am by McKennon Law Group PC
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, accidental death and dismemberment and disability claim, from navigating a claim, handling … The post The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Three: Procedural and Practical Considerations to an ERISA Claim appeared first on McKennon Law Group PC. [read post]
1 Apr 2019, 9:00 am by McKennon Law Group PC
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]
18 Mar 2019, 1:17 pm by McKennon Law Group PC
It will be fairly long and many definitions and it will recite your ERISA plan terms, … The post 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 appeared first on McKennon Law Group PC. [read post]
28 Feb 2019, 10:25 am by McKennon Law Group PC
  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]
8 Feb 2019, 8:31 am by McKennon Law Group PC
  The article argues for the importance of purchasing disability insurance at a young age, since most insureds are left with the financial … The post USA Today Publishes Article—Why millennials should consider disability insurance appeared first on McKennon Law Group PC. [read post]
23 Jan 2019, 11:08 am by McKennon Law Group PC
  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]
16 Jan 2019, 6:15 pm by McKennon Law Group PC
  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]
29 Nov 2018, 3:55 pm by McKennon Law Group PC
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]
6 Nov 2018, 10:02 am by McKennon Law Group PC
  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]
2 Oct 2018, 7:12 pm by McKennon Law Group PC
  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]