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Court Weighs Financial Conflict of Interest and Procedural Irregularities in the ERISA Claim Review Process and Finds Sedgwick Abused Its Discretion In Denying Long-Term Disability Claim
18 Sep 2023, 8:00 am by McKennon Law Group
See Hertz v. [read post]
Insurance & ERISA Litigation Blog - https://mslawllp.com/insurance-erisa-litigation-blog/
District Court Reverses Denial of Disability Claims Where Insurer’s Paper Review Conflicted with the Entirely One-Sided Record of Examining Physicians’ Opinions in Favor of Claimant
29 Jan 2021, 4:49 pm by Pringletech
”  Rios, 2020 WL 7311343, at *3, citing Montour v. [read post]
California Insurance Litigation Blog - http://www.mslawllp.com/category/insurance-blog/
Federal Court Finds Attorney Plaintiff Entitled to Long-Term Disability Benefits for Symptoms Consistent With “Long COVID”
27 Feb 2023, 10:03 pm by McKennon Law Group
Abrams v. [read post]
Insurance & ERISA Litigation Blog - https://mslawllp.com/insurance-erisa-litigation-blog/
Eighth Circuit Finds Insurer Breached Its Fiduciary Duty to Claimant by Denying Coverage Where the Insurer Collected Premiums From the Claimant Without Sufficiently Determining Whether the Claimant Was Required To Provide Evidence of Insurability
7 Jun 2022, 12:36 am by McKennon Law Group
 Chao v. [read post]
Insurance & ERISA Litigation Blog - https://mslawllp.com/insurance-erisa-litigation-blog/
Medical Conditions Without Objective Proof Not an Automatic Bar to Long-Term Disability Benefits
5 Aug 2021, 10:43 pm by McKennon Law Group
The court quoted from Salomaa v. [read post]
California Insurance Litigation Blog - http://www.mslawllp.com/category/insurance-blog/
Court Rules That “Near Fatal” Levels of Methamphetamine Did Not Trigger Drug Exclusion Based on the Ordinary Meaning of the Terms in the ERISA Accidental And Death & Dismemberment Policy And That Death Was Accidental
1 Dec 2021, 3:34 am by McKennon Law Group
  See Wickman v. [read post]
California Insurance Litigation Blog - http://www.mslawllp.com/category/insurance-blog/
Ninth Circuit Appeal Court Finds ERISA Disability Claimant Achieved “Some Success on the Merits” Under Hardt Where the District Court Remanded His Disability Claim to the Insurer Due To Deficiencies in the Initial Claims Review Process
13 Jun 2022, 7:34 pm by McKennon Law Group
  The United States Supreme Court decided in Hardt v. [read post]
Insurance & ERISA Litigation Blog - https://mslawllp.com/insurance-erisa-litigation-blog/
Oregon District Court Holds Long-Term Disability Insurer to Strict ERISA Appeal Deadline; Finds No Special Circumstances for Request to Extend Appeal and Finds Claim Deemed Denied
27 Feb 2024, 5:41 am by McKennon Law Group
In Witt v. [read post]
Insurance & ERISA Litigation Blog - https://mslawllp.com/insurance-erisa-litigation-blog/
District Court Finds that Insurer Misinterpreted Key Policy Term in an ERISA Long-Term Disability Plan, Allowing Remand and Award of Attorneys’ Fees
22 Apr 2021, 4:06 pm by McKennon Law Group
  In Reyes v. [read post]
California Insurance Litigation Blog - http://www.mslawllp.com/category/insurance-blog/
Statutes of Limitations for ERISA Claims: Critical Deadlines That Claimants Should Know
19 Nov 2024, 12:50 pm by McKennon Law Group
  In Barker v. [read post]
Insurance & ERISA Litigation Blog - https://mslawllp.com/insurance-erisa-litigation-blog/
First Circuit Concludes Insurer Failed to Sufficiently Analyze Claimant’s Ability to Perform the Duties of His Own Occupation Where the Insurer’s Analysis Focused Only on Whether Claimant Could Perform the Physical Requirements of His Occupation Without Considering Other Nonphysical Duties of His Occupation
9 Nov 2022, 1:40 am by McKennon Law Group
In Winters v. [read post]
Insurance & ERISA Litigation Blog - https://mslawllp.com/insurance-erisa-litigation-blog/
Fourth Circuit Appeals Court Finds Insurer Abused Its Discretion by Denying ERISA Health Insurance Benefits Where the Insurer Denied Her Claim as “Not Medically Necessary” Despite Failing to Review Critical Evidence of Medical Necessity
5 May 2022, 9:20 pm by McKennon Law Group
 In Garner v. [read post]
Insurance & ERISA Litigation Blog - https://mslawllp.com/insurance-erisa-litigation-blog/
The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Eleven: Personal Statements and Witness Statements
30 Jul 2020, 2:12 pm by Robert McKennon
  See also Godmar v. [read post]
California Insurance Litigation Blog - http://www.mslawllp.com/category/insurance-blog/
Discovery in De Novo Review ERISA Cases: Court Grants Plaintiff’s Request for Bias Discovery Concerning Paper Reviewing Consultants
27 May 2020, 8:49 pm by Robert McKennon
’” Opeta v. [read post]
California Insurance Litigation Blog - http://www.mslawllp.com/category/insurance-blog/
Discovery in De Novo Review ERISA Cases: Court Grants Plaintiff’s Request for Bias Discovery Concerning Paper Reviewing Consultants
18 May 2020, 10:29 pm by Robert McKennon
’” Opeta v. [read post]
California Insurance Litigation Blog - http://www.mslawllp.com/category/insurance-blog/
District Court Criticizes Insurer For Conducting “Minimalist” ERISA Review and Imposes De Novo Review Standard; Reinstates Claimant’s Long-Term Disability Benefits Under “Any Occupation” Definition of Disability
21 Jun 2024, 5:10 am by McKennon Law Group
Weaver v. [read post]
Insurance & ERISA Litigation Blog - https://mslawllp.com/insurance-erisa-litigation-blog/
A Dose of Healthy Skepticism: Court Finds LINA Abused its Discretion in Denying Accidental Death Benefits Claim Because Heart Attack Did Not “Substantially Contribute” to Insured’s Death
20 Mar 2021, 4:36 am by McKennon Law Group
” Day v. [read post]
California Insurance Litigation Blog - http://www.mslawllp.com/category/insurance-blog/
Court rules Insurer’s denial of claim for accidental death benefits was an abuse of discretion where heart attack did not “substantially contribute” to Insured’s death
20 Mar 2021, 4:36 am by McKennon Law Group
” Day v. [read post]
California Insurance Litigation Blog - http://www.mslawllp.com/category/insurance-blog/
United States District Court for the Northern District of California Clarifies the Standard of Disability Under the Employee Retirement Income Security Act
14 Jan 2025, 6:14 am by McKennon Law Group
The court cited Muniz v. [read post]
Insurance & ERISA Litigation Blog - https://mslawllp.com/insurance-erisa-litigation-blog/
Federal Court Awards Benefits to ERISA Long-Term Disability Claimant, Finding That Insurer Company Failed to Provide Evidence That a Pre-existing Condition Substantially Caused the Disabling Injury
19 Jan 2022, 10:57 pm by McKennon Law Group
  Gustafson-Feis, at 1085, quoting Dowdy v. [read post]
California Insurance Litigation Blog - http://www.mslawllp.com/category/insurance-blog/