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disability insurance
MetLife Cannot Require an IME After Failing to Comply with ERISA Deadlines Following a Remand of Disability Claim
In Kroll v. Kaiser Foundation Health Plan Long Term Disability Plan, 2012 U.S. Dist. LEXIS 25063 (N.D. Cal. February 10, 2012), the Court refused to require that the plaintiff appear for an independent medical examination (“IME”) because Metropolitan Life Insurance Company...
"Dismemberment by Severance" v. Loss of Use: A Smorgasbord of Interesting Disability Cases
Fier v. Unum Life Ins. Co. of America, 629 F.3d 1095 (9th Cir. 2011) Facts and holding: In 1992, Robert Fier (“Fier”) was shot in the neck and rendered permanently quadriplegic. He filed a claim for benefits with Unum Life Insurance Company of America (“Unum”) under...
California Court of Appeal Affirms Ruling That a Mental Disorder Accompanied by Physical Symptoms is Not Subject to a Policy's Two-Year Limitation for Mental Claims
In 2009, the California Court of Appeal in Bosetti v. The United States Life Ins. Co., 175 Cal. App. 4th 1208 (2009) addressed whether a two-year benefits limitation on disability insurance payments for “mental, nervous or emotional disorder[s]” could properly serve to limit benefits...
McKennon Law Group Founding Partner Robert McKennon Featured in January 2012 Issue of Forbes Magazine
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...
A Smorgasbord of Interesting Disablity Cases: Accidental Bodily Injury
Boly v. The Paul Revere Life Ins. Co., 238 Ore. App. 702 (2010) Facts and holding: In the late 1980s, Jeffrey Boly (“Boly”) was diagnosed with sleep apnea and narcolepsy. With treatment, doctors were able to stabilize Boly’s nighttime sleeping, but Boly’s daytime tiredness...
