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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]
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]
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]
22 Aug 2019, 11:01 pm by McKennon Law Group
  In fact, the Department of … The post The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Five: Procedural and Practical Considerations to an ERISA Claim appeared first on McKennon Law Group PC. [read post]
9 Aug 2019, 8:10 am by McKennon Law Group PC
  Senator Jacob Javits, a sponsor of ERISA, observed at the time that … The post The Basics of an ERISA Life, Health and Disability Insurance Claim – Part One: ERISA Background, Purpose and Timing Requirements appeared first on McKennon Law Group PC. [read post]
26 Sep 2019, 7:53 am by McKennon Law Group
 In practice, it is typically a way … The post The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Six: Independent Medical Evaluations and Peer Reviews appeared first on McKennon Law Group PC. [read post]
13 Aug 2019, 10:47 pm by McKennon Law Group
  Our firm is able to put the client in the best position possible … The post The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Two: Filing an ERISA Disability Claim appeared first on McKennon Law Group PC. [read post]
4 Sep 2019, 12:38 pm by McKennon Law Group
  … The post Court Denies Insurer’s Motion to Dismiss, Finding Plan Language Did Not Clearly Require Administrative Exhaustion Prior to Filing Suit appeared first on McKennon Law Group PC. [read post]