California Insurance Litigation Blog

California Insurance Litigation Blog

Category Archives: Insurance Questions and Concepts

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Helpful Tips to Policyholders: Pay Close Attention to Plan’s Limitations Provisions

Posted in Case Updates, Disability Insurance, ERISA, Insurance Questions and Concepts, Policy Interpretation, Statute of Limitations
Do you have a disability insurance policy, health insurance policy or life insurance policy through your work?  If you do, you should read this article as you may miss some important deadlines if you do not. The Supreme Court’s recent  holding that the limitations periods in employer-sponsored plans are enforceable, even where such limitations periods … Continue Reading

How to Read Your ERISA Disability Denial Letter: A Gritty Exploration of the Common Language in Actual Denial Letters and How to Respond to Them

Posted in Disability Insurance, ERISA, Insurance Questions and Concepts
If your ERISA short-term disability or long-term disability claim was denied, you likely received a dry, lengthy rejection letter explaining the basis for the denial.  This letter may appear persuasive, but insurers/claims administrators often offer improper justifications to support their denial decisions to increase their profits.  Calling an experienced ERISA attorney should be your next … Continue Reading

FAQs: What do you need to know about long-term care insurance?

Posted in Insurance Questions and Concepts, Long Term Care Insurance
The McKennon Law Group PC periodically publishes articles on its California Insurance Litigation Blog that deal with frequently asked questions in the insurance bad faith, life insurance, long term disability insurance, annuities, accidental death insurance, ERISA and other areas of the law.  This article in that series focuses on long-term care insurance. What is long-term … Continue Reading

FAQs: Should You Hire an Attorney to Help You With Your ERISA Appeal?

Posted in Disability Insurance, ERISA, Insurance Questions and Concepts, Life Insurance
The McKennon Law Group PC periodically publishes articles on its California Insurance Litigation Blog that deal with frequently asked questions in the insurance bad faith, life insurance, long term disability insurance, annuities, accidental death insurance and ERISA areas of the law.  This article in that series focuses on appealing a denial of your long term … Continue Reading

Ten Things to Know Before You File a Claim for Long-Term Disability Insurance Benefits

Posted in Disability Insurance, ERISA, Insurance Questions and Concepts
1.  Make Sure You Have a Complete Copy of Your Plan/Policy – The first step when making a claim for long-term disability insurance benefits is to secure a copy of your policy.  If your employer provided your insurance coverage, request a full and complete copy of your policy from Human Resources.  Make sure you get … Continue Reading

FAQs: Can an Insured Sue for Future Policy Benefits and Attorneys’ Fees in a Lawsuit Against an Insurer for Disability Insurance Benefits?

Posted in Disability Insurance, ERISA, Insurance Questions and Concepts
The McKennon Law Group PC periodically publishes articles on its California Insurance Litigation Blog that deal with frequently asked questions in the insurance bad faith and ERISA area of the law.  This is another such article in that series. If an insurance company has unfairly denied an insured’s disability benefits or has otherwise committed bad … Continue Reading

FAQs: Who May Sue or Be Sued for Insurance Bad Faith?

Posted in Insurance Bad Faith, Insurance Questions and Concepts
The McKennon Law Group PC periodically publishes articles on its California Insurance Litigation Blog that deals with frequently asked questions in the insurance bad faith and ERISA area of the law.  This is another such article in that series. Generally, in order to sue for insurance bad faith there necessarily must be an insurance policy … Continue Reading

In an ERISA Case, What Actions Will Reduce the Level of Discretion Afforded the Claims Administrator/Insurer?

Posted in ERISA, Insurance Questions and Concepts, Standard of Review
This article continues our series of articles answering basic questions about insurance law and the Employee Retirement Income Security Act of 1974 (commonly referred to as “ERISA”).  This one addresses:  In a lawsuit governed by ERISA, what actions taken by the claims administrator (usually an insurance company such as Blue Cross/Blue Shield or CIGNA) will … Continue Reading

Avoiding the Potholes on the Road to Retirement: Understanding Annuity Risks

Posted in Annuities, Insurance Questions and Concepts
Saving for one’s own retirement is something everyone needs to consider.  There are many financial vehicles that can be used when traveling along the road to retirement.  One of these financial vehicles is an annuity.  However, annuities are often not suitable for consumers, especially more elderly consumers, because of excessive “hidden” fees and large surrender … Continue Reading

What are the Available Remedies Against an Insurance Company That Has Acted in Bad Faith?

Posted in Attorneys' Fees, ERISA, Insurance Bad Faith, Insurance Questions and Concepts, Punitive Damages
This article will be the second in a series of articles by McKennon Law Group PC addressing and answering basic questions concerning insurance law.  This one addresses: What are the available remedies against an insurance company that has acted unreasonably in handling an insurance claim? The most common causes of action against insurers in the … Continue Reading