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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]
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]
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]
27 Oct 2020, 6:58 pm by Robert McKennon
The post New California Law Expands Coverage for Mental Health Services and Substance Use Disorders Offered by California Health Plans appeared first on McKennon Law Group. [read post]
12 Nov 2019, 8:02 am by McKennon Law Group
Every year, millions of Americans seeking to buy a safety net for their middle-class lifestyles enroll in individual or group disability … The post The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Seven: Wrongful Insurer Practices and Full and Fair Review Requirement appeared first on McKennon Law Group PC. [read post]
19 Nov 2021, 12:39 am by McKennon Law Group
  The post The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Sixteen: State Law Pre-emption appeared first on McKennon Law Group. [read post]
14 Aug 2019, 10:58 pm by McKennon Law Group
  The Plan Administrator is … The post The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Three: Plan and Claims Administrators appeared first on McKennon Law Group PC. [read post]
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]
28 Jan 2020, 1:19 pm by McKennon Law Group
  If a person becomes … The post The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Eight: Impact of Social Security Disability Insurance on an ERISA Disability Insurance Claim appeared first on McKennon Law Group PC. [read post]
10 Aug 2019, 11:42 am by McKennon Law Group PC
  Under Section 503 of ERISA, “every employee benefit plan shall . . . provide adequate notice in writing to any participant or beneficiary whose claim for benefits … The post The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Four: Denial of an ERISA Disability Claim or Appeal appeared first on McKennon Law Group PC. [read post]
27 Nov 2019, 7:35 am by McKennon Law Group
California Insurance Code Sections 10113.71 and 10113.72 primarily do three things: (1) mandate that … The post Life Insurance Policyholders Beware: California’s Statutory Lapse Safeguards Do Not Apply to Policies Issued Prior to January 1, 2013 appeared first on McKennon Law Group PC. [read post]