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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]
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]
22 Aug 2019, 11:17 am by Stephen Hodges
Aetna: “Rush to Judgment” in Just 14 Days Violates ERISA Rights to Full and Fair Review and Appeal 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]
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]
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]
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]
6 Aug 2019, 3:17 pm by McKennon Law Group PC
  One notable question they must answer is this:  Can a disability policy provision setting forth the timing of a lawsuit against the insurer “extend” California state tort law (e.g., statute of limitations to three years) from the statutory two-year limitations … The post A “Three-Year” Limitations Period in a Disability Policy Can Extend California’s Two-Year Statutory Limitations Period for Insurance Bad Faith appeared first on… [read post]
26 Jul 2019, 8:36 am by McKennon Law Group PC
Allstate Insurance: Attorney’s Fees in Contingency-Fee “Bad Faith” Cases appeared first on McKennon Law Group PC. [read post]
2 Jul 2019, 8:41 am by McKennon Law Group PC
United of Omaha Life: Judge Anello Finds Employer Liable for Breach of Fiduciary Duty, Orders Payment of Life Insurance Policies’ Face Value under Equitable Surcharge Theory 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]
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]