California Insurance Litigation Blog

California Insurance Litigation Blog

Category Archives: News

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Policyholder Wins Handed Down in Insurance Decisions. Daily Journal Publishes McKennon Law Group PC Article.

Posted in Breach of Contract, Case Updates, Disability Insurance, Duty to Defend, Duty to Settle, ERISA, Insurance Bad Faith, News, Unfair Business Practices/Unfair Competition
The February 10, 2014 edition of the Los Angeles Daily Journal featured Robert McKennon’s article entitled:  “Policyholder Wins Handed Down in Insurance Decisions.”  In it, Mr. McKennon discusses six insurance decisions handed down in California and federal courts in 2013 that were favorable to policyholders.  … Continue Reading

Equitable remedies gain favor in ERISA cases

Posted in ERISA, News
The November 21, 2013 edition of the Los Angeles Daily Journal featured Robert McKennon’s article entitled:  “Equitable remedies gain favor in ERISA cases.”  In it, Mr. McKennon discusses a significant development in the Employee Retirement Income Security Act of 1974 (ERISA) in the last couple of years.  This significant development is due to the 2011 … Continue Reading

In MLG Case, the San Francisco Superior Court Rules that Plaintiff Therabotanics May Pursue Claims Against Sephora and Solazyme For Interference With Contract and Unfair Competition

Posted in Legal Articles, News
McKennon Law Group recently filed a case on behalf of Therabotanics, LLC, a subsidiary of Ideal Living, for breach of contract, unfair competition, misappropriation of trade secrets, harmful interference with contract, and conversion of assets against Sephora, USA, Inc. and Solazyme, Inc.  Therabotanics and Solazyme had entered into an exclusive agreement for a joint venture … Continue Reading

McKennon Law Group Wins Disability Insurance Lawsuit Against Sun Life And Health Insurance Company Following Trial

Posted in Abuse of Discretion, Conflict of Interest, Disability Insurance, ERISA, News, Standard of Review
On November 27, 2012, following a trial before Judge Cormac J. Carney of the United States Federal District Court for the Central District of California, Robert J. McKennon and Scott E. Calvert of the McKennon Law Group secured a victory for their client in a lawsuit against Sun Life and Health Insurance Company.  Representing the … Continue Reading

McKennon Law Group Founding Partner Robert McKennon Featured in January 2012 Issue of Forbes Magazine

Posted in Disability Insurance, Health Insurance, Life Insurance, News, Super Lawyer
Los Angeles – Noted Southern California insurance and business litigator Robert J. McKennon was featured in the “Southern California Legal Profiles” section of the January 2012 issue of Forbes Magazine in an article highlighting his experience as a top Southern California insurance and business litigation attorney… Continue Reading

Insurance Commissioner Jones Highlights 2011 Important Achievements

Posted in Insurance Commissioner, News
Insurance Commissioner Dave Jones marked his first full year in office this week by looking back on the California Department of Insurance’s (CDI) major accomplishments during 2011.  Some of these achievements were very important for insurance consumers.  Here’s what his press release said: “A little over a year ago, I took my oath as Insurance … Continue Reading

MCKENNON LAW GROUP PC OBTAINS $3.93 MILLION DAMAGE AWARD FOR CLIENTS IN BUSINESS DISPUTE OVER INTELLECTUAL PROPERTY AND LICENSING RIGHTS

Posted in Legal Articles, News
In January 2010, McKennon Law Group PC was approached by weight loss supplement company TriPharma, LLC, about a dispute involving its exclusive rights to advertise, market and sell a revolutionary patented and clinically studied weight loss product that was manufactured by San Diego based company Imagenetix, Inc.  TriPharma discovered Imagenetix’s multiple breaches of its exclusive … Continue Reading

MCKENNON LAW GROUP PC WINS DEFENSE VERDICT AGAINST $2 MILLION SUCCESSOR LIABLITY CLAIM

Posted in News
On October 12, 2011, the McKennon Law Group PC law firm won a complete defense verdict on a $2 million successor liability claim against their client, Elephant Talk Communications Corp., in a case called Chong Hing Bank Limited v. Elephant Talk Communications, Inc., Orange County Superior Court Case No. 30-2009-00328467.  Chong Hing Bank Limited (Bank), … Continue Reading

California Bans the Inclusion of Policy Provisions Giving Insurance Companies Discretionary Authority to Decide Claims

Posted in ERISA, Insurance Commissioner, Legislation, News, Standard of Review
In a major victory for consumers, Governor Jerry Brown signed a bill that makes discretionary clauses – typically contained in ERISA-governed life, health and disability insurance policies/ERISA plans void and unenforceable in new or renewed policies.  SB 621 was authored by Senate Insurance Committee Chair Ron Calderon (D-Montebello) and sponsored by Insurance Commissioner Dave Jones, … Continue Reading

California Announces Investigation of MetLife for Failure to Pay Life Insurance Benefits

Posted in Annuities, Insurance Commissioner, Life Insurance, News
On April 25, 2011, California Insurance Commissioner Dave Jones and California State Controller John Chiang announced that they are investigating Metropolitan Life Insurance Company (“MetLife”) for a failure to pay out life insurance benefits after learning of an insured’s death.  It appears that while MetLife learned of its insured’s deaths through a database prepared by … Continue Reading

Fighting An Insurance Claim Denial Will Often Pay Off

Posted in Administrative Record, ERISA, News
It will not be surprising to many readers of this blog that insurance companies often deny life insurance, health insurance and disability insurance claims.  Many times, insurance companies are wrong in their decisions.   And, sometimes they acknowledge their mistakes.  The question becomes: what are the odds of an insurance company changing its mind and reversing … Continue Reading

California Insurance Commissioner Jones Announces New Regulations On Annuities For Seniors

Posted in Annuities, Legislation, News
In recent years there have been many cases of insurance agents selling unsuitable annuities to members of the public, especially seniors.  These annuities typically involve large premiums and very large cash surrender charges.  The large cash surrender charges are often in place for at least the first five years of the annuity and usually exist … Continue Reading

California Supreme Court Prohibits the Collection of ZIP Codes

Posted in Legal Articles, News
The collection of ZIP codes by retailers may now be prohibited following the recent California Supreme Court decision in Pineda vs. William Sonoma, __ Cal. 4th__ (February 10, 2011).  Writing for a unanimous court, Justice Morena found that ZIP codes are “personal identification information” for the purposes of the Song-Beverly Credit Card Act (“Credit Card … Continue Reading

Dental Hygienist Wins Large Jury Verdict in Disability Insurance Lawsuit

Posted in Case Updates, Disability Insurance, Insurance Bad Faith, News, Punitive Damages
In 1996, Plaintiff Laura Kieffer developed carpal tunnel syndrome and severe cervical pain which forced her to stop working as a dental hygienist. Thereafter, Kieffer started receiving disability payments under an individual disability insurance policy she purchased from Paul Revere Life Insurance Company and its parent company the Unum Group Corporation. Even though she had … Continue Reading

Nurses’ Association Study Shows That California Insurers Denied 26 Percent of All Health Insurance Claims in 2010

Posted in Health Insurance, News
Despite more attention focused on the nation’s largest health insurance companies with their recent requests for large premium increases and with all of the talk about national healthcare reform, California’s largest health insurance companies continue to deny about 26 percent of all health insurance claims, according to a recently released study by the California Nurses … Continue Reading

Robert J. McKennon Recognized as 2011 “Super Lawyer”

Posted in Events, News
McKennon│Schinder LLP is proud to announce that its founding partner Robert J. McKennon has been recognized as one of Southern California’s “Super Lawyers” and he will appear in the upcoming 2011 edition of Southern California Super Lawyers magazine. Each year, Super Lawyers magazine, which is published in all 50 states and reaches more than 13 … Continue Reading

Dave Jones Reveals the Priorities for His Tenure as California’s Insurance Commissioner

Posted in Legislation, News
California’s new Insurance Commissioner, Dave Jones, identified his priorities at his inauguration on January 3.  He plans to accomplish his objectives by making the California Department of Insurance “the strongest consumer protection agency in the nation”, and he plans to “set the standard for other consumer protection agencies.”   His priorities are: Implementation of federal health … Continue Reading

California’s Office of Administrative Law Approves Homeowners Underinsurance Regulations

Posted in Homeowners Insurance, Legislation, News
Because of fairly recent California wild fires and California’s history of rising property values (at least this was the case a few years ago), many California homeowners have found themselves underinsured for fire losses.  The California Department of Insurance has been considering new regulations governing standards and training for estimating replacement value on homeowners’ insurance … Continue Reading

California’s Largest Health Insurers are Fined by California Department of Managed Health Care for Inadequate Claims Practices

Posted in Health Insurance, Legislation, News
In today’s Los Angeles Times Business Section, Duke Helfand writes about an 18-month investigation by the California Department of Managed Health Care into the payment practices of Aetna Inc., Anthem Blue Cross of California, Blue Shield of California, Cigna Corp., Health Net Inc., Kaiser Foundation Health Plan and United Healthcare/PacifiCare. … Continue Reading

Commissioner Poizner Releases Results of His Second Preferred Provider Organization Quality of Care Report Card (And it is Not Good)

Posted in Health Insurance, News
Last week, Commissioner Poizner released the results of his second Preferred Provider Organization (“PPO”) quality of care report card. The results are not good news for consumers, and show that California’s PPOs have much work to do in meeting customer needs. According to Poizner: “California PPOs rank in the middle of the pack compared with … Continue Reading

Governor Schwarzenegger Vetoes AB 1868 That Would Have Banned Discretionary Clauses in Group Insurance Policies

Posted in ERISA, Legislation, News, Standard of Review
Today Governor Schwarzenegger vetoed AB 1868 that would have banned discretionary clauses in group insurance policies.  This is a disappointment to consumer groups but not to insurers who rely on them.  Currently, the Department of Insurance bans them in group policies anyway.  Here are the Governor’s comments on why it was vetoed: To the Members … Continue Reading

Disability Policy Discretionary Clauses Come Under Congressional Attack

Posted in ERISA, Legislation, News, Standard of Review
Policyholder/Employee groups who have group disability insurance coverage through their employers and who find themselves operating in the byzantine world of ERISA have long criticized discretionary clauses contained in such ERISA policies.  These often have the effect of giving insurance companies firmer ground to support claim denials because the “abuse of discretion” standard of review … Continue Reading

Court Affirms Bad Faith Verdict in Homeowner’s Insurance Case

Posted in Case Updates, Homeowners Insurance, Insurance Bad Faith, News
In a new case from Division Three of the Fourth Appellate District, Chicago Title Insurance Company v. AMZ Insurance Services; Pacific Specialty Insurance Company, __ Cal. App. 4th __ (September 9, 2010), the California Court of Appeal has given policyholders a good holding on the issues of when a policy binder becomes effective, when an … Continue Reading

Insurance Commissioner Poizner Publicly Denounces Lawsuit Over Rescission Regulations

Posted in Insurance Bad Faith, Insurance Commissioner, News
On July 19, 2010, Insurance Commissioner Poizner promulgated regulations designed to limit the practice of rescissions in the health insurance industry.  See our blog article, New Regulations Take Aim at Policy Rescissions, on this.  Last Monday, an insurance industry trade group filed a lawsuit in San Francisco to block the regulations, which would have been … Continue Reading