California Insurance Litigation Blog

California Insurance Litigation Blog

Category Archives: Equitable Relief

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Echague v. Met Life: Equitable Surcharge is an Available Remedy Against Unresponsive Plan Administrators Under ERISA

Posted in Case Updates, Equitable Relief, ERISA, Life Insurance
The Employee Retirement Income Security Act of 1974 (“ERISA”) seeks to protect participants in employer-sponsored plans, but lack of adequate communication and transparency is an often an unfortunate byproduct of the insurance industry.  The California district court shed light on this issue in Echague v. Metro. Life Ins. Co., 2014 U.S. Dist. LEXIS 68642 (N.D. … Continue Reading

Rochow v. LINA: A Game-Changer in ERISA Disability Benefits Litigation

Posted in Case Updates, Equitable Relief, ERISA, Fiduciary Duty
While this blog often discusses disability, life and health insurance/employee benefit decisions under the Employee Retirement Income Security Act of 1974 (“ERISA “), we rarely discuss federal circuit court of appeal decisions from outside the Ninth Circuit Court of Appeals (which governs California).  We are making an exception here, as a recent case from the … Continue Reading

Recovery of Overpayments Under ERISA

Posted in Equitable Relief, ERISA
Keith Parker, an excellent mediator who specializes in mediating ERISA matters, authored the following article on “Recovery of Overpayments Under ERISA”   We at the McKennon Law Group PC are happy to recommend this outstanding article for your reading.  We include the entire article below with permission from Mr. Parker. Section 1132(a)(3)(B) of ERISA authorizes participants, … Continue Reading

Equitable Relief in the Ninth Circuit Just Got Better for Consumers

Posted in Case Updates, Equitable Relief, ERISA
The Wednesday July 11, 2012 edition of the Los Angeles Daily Journal featured Robert McKennon’s and Scott Calvert’s article entitled: “Equitable Relief in the Ninth Circuit Just Got Better for Consumers.”  In it, Mr. McKennon and Mr. Calvert discuss two important Ninth Circuit rulings allowing certain equitable relief to ERISA plan participants that have definite … Continue Reading