Robert McKennon | Newport Beach Insurance Lawyer

http://www.mslawllp.com/success-stories/

Recent Judgments and Verdicts On August 10, 2017, McKennon Law Group PC secured a judgment exceeding one-half-million dollars for its client, a company whose former agent breached their Agent’s Contract. The agent wrongfully retained commissions due the client under the contract after the agent defrauded many policyholders in connection with the sale of life insurance, health/medical insurance and annuity policies he sold that were subsequently cancelled (and the premiums refunded to the policyholders). After the Complaint was filed, the agent and our client settled the case. When the agent breached the installment payment settlement agreement, we promptly filed an ex parte motion to enter judgment against him. The judgment we obtained for our client included the agent’s entire outstanding principal settlement balance, plus $27,000 in prejudgment interest and the client’s full attorney’s fees and costs. The Court found that 100% of McKennon Law Group PC’s fees, approximately $150,000, were reasonably incurred and billed at reasonable hourly rates. On August 17, 2017, McKennon Law Group PC secured judgment for its client, a company whose former agent committed fraud and breach of contract against our client and against numerous life insurance policyholders. The former agent wrongfully obtained commissions from the company by causing policies to be issued to individuals who were either not aware that policies were being issued in their name or were misled as to the extent and nature of the policies being issued. After filing an answer to the complaint, the former agent refused to participate in litigation, allegedly fleeing the country. McKennon Law Group PC filed a number of motions and the judge issued an order striking the former agent’s answer and entering default judgment against him, and also ordered $21,955 in sanctions be paid to our client. The decision will almost certainly allow our client to secure an order awarding all attorney’s fees and costs incurred in filing the lawsuit along with the amount of wrongfully obtained commissions. On August 2, 2016, the McKennon Law Group PC secured a trial victory for its disabled client who was forced to stop working because of carpal tunnel syndrome, chronic pain and other conditions. She filed a claim for long-term disability benefits with Union Security Insurance Company, but the insurer denied her claim, arguing that the medical evidence did not support her claimed disability. The McKennon Law Group PC filed an ERISA lawsuit, and following a July 29, 2016 trial, Federal District Court Judge Cormac J. Carney ruled that Union Security’s claim decision was incorrect and determined that she was entitled to her long-term disability benefits. Following a trial, on April 28, 2016, Federal District Court Judge James S. Otero issued a detailed, 25-page order finding in favor of the McKennon Law Group’s client, a father fighting to recover money he paid to a residential treatment facility for treatment his minor daughter received. The McKennon Law Group PC recently secured a victory at the Ninth Circuit Court of Appeals, obtaining a ruling that the District Court abused its discretion by unreasonably refusing to award attorneys’ fees for work performed on behalf of a health insurance claimant under an ERISA plan. In litigation regarding whether an insurance company, acting as an ERISA administrator, received a claim for health insurance benefits and unreasonably failed to pay the claim, the District Court initially found in favor of the insurance company, ignoring evidence uncovered during discovery that the insurance company received the health insurance claim when it was made. On appeal to the Ninth Circuit, the McKennon Law Group was able to secure a remand back to the District Court, which was instructed to consider the information uncovered by the McKennon Law Group during discovery. On remand, the District Court considered the information, which demonstrated that, contrary to its claim, the insurance company did receive the health insurance claim. However, when awarding attorneys’ fees, the District Court refused to award attorneys’ fees for the time spent obtaining the very evidence used to prove that the insurance company received the claim. Following a second round of briefing and oral argument to the Ninth Circuit, the entire panel agreed that the District Court abused its discretion when it failed to award attorneys’ fees for the time spent obtaining information proving that the insurance company received the claim, and remanded the matter back to the District Court with an instruction that the insurance company is responsible for paying the disputed attorneys’ fees. After a bench trial on December 14, 2015, in a Memorandum of Decision dated December 16, 2015, Federal District Court Judge James Selna found in favor of McKennon Law Group PC’s client, a vice president of a large international company, who sought reversal of LINA’s denial of her ERISA long-term disability insurance benefits from LINA. Judge Selna’s decision pointed out many weaknesses in LINA’s denial decision, including the fact that LINA’s decision relied almost entirely on the report of its own physician, who based his findings on a review of our client’s medical records, and never examined her or spoke with any of her treating physicians (whose findings supported a finding of disability). He entered judgment in our client’s favor requiring LINA to reverse its disability insurance claim denial and remanded the matter to LINA for another decision consistent with his opinion to correct LINA’s errors and to consider new evidence submitted by our client during litigation. On April 22, 2015, the Ninth Circuit Court of Appeals, in an unpublished decision, affirmed the Federal District Court Judge Carney’s decision in favor of our client, noting that Sun Life’s conflict of interest “required more skeptical judicial review” and held that Sun Life abused its discretion in denying the our client’s claim for disability benefits. Federal District Court Judge Carney had found in favor of our client, who sought his ERISA long-term disability benefits from Insurer Sun Life Financial. The court noted Sun Life acted improperly by, among other things, demanding “objective” evidence of disability, a standard of evidence not required by the plan, and relying on a “paper review” by paid physicians who failed to speak with plaintiff’s treating physicians. The Ninth Circuit affirmed our client ‘s award of $452,707 including over $215,000 in attorneys’ fees. Sun Life challenged McKennon Law Group’s attorneys’ fees incurred on the appeal arguing the firm should not be paid any of them, or if the firm received fees, that they should be reduced. The Ninth Circuit completely rejected Sun Life’s challenge and awarded the firm over $172,000 in attorneys’ fees for its full fees on appeal without reducing any of the requested fees. The Ninth Circuit found that the firm’s fees were completely reasonable and appropriate. McKennon|Schindler LLP, Robert J. McKennon’s prior law firm, attained a $3.94 million arbitration award in a business litigation dispute involving a patent license. Robert McKennon was lauded by the Arbitrator for his “exceptional skill in cross-examining” key witnesses that led to the arbitration victory.

Los Angeles Daily Journal Insurance Agents Key to Insurer Liability, (November 1, )

2012 / 2012

Los Angeles Daily Journal Equitable Relief in the Ninth Circuit Just Got Better for Consumers (July 11, )

2012 / 2012

Los Angeles Daily Journal Boon or Bust for Employee Rights Under ERISA Plans (June 3, )

2011 / 2012

Los Angeles Daily Journal In ERISA Cases, The Standard of Review Really Does Matter (December 6, )

2010 / 2010

Los Angeles Daily Journal The Waiver Doctrine, Alive And Well in ERISA Cases (August 11, )

2010 / 2010

Los Angeles Daily Journal Differential Standard of Review in ERISA Cases Clarified (May 4, )

2010 / 2010

Los Angeles Daily Journal ERISA Plan Administrators Take Heed (February 10, )

2010 / 2010

Defense Research Institute (DRI) Accidental Injury vs. Sickness Provisions in Disability Policies ()

2009 / 2009

American Conference Institute Boston, Ma. Co-Chair: Litigating Disability and ERISA Claims

2009

38th Annual Midwest Claim Conference Panelist/er: Bad Faith Insurance Law Update

Present / 2007

American Conference Institute, Chicago Ill. Panelist/er: Litigating Disability Insurance Claims Conference

Present / 2006

Mealeys Panelist/er: Bad Faith Litigation Conference

Present / 2005

American Conference Institute Panelist/er: Advanced Forum on Litigating Disability Insurance Claims

Present / 2005

For The Defense (DRI, Defense Research Institute) Disability Cases: The Requirement for Regular and Appropriate Care ()

2004 / 2004

Unum Provident Panelist/er: Disability Fraud Issues Forum

Present / 2004

American Conference Institute Co-Chair: 7th National Advanced Forum on Litigating Disability Insurance Claims

2004

American Conference Institute Managing and Litigating Mental-Nervous Insurance Claims ()

2003 / 2003

Western Claims Conference Introduction to Disability Fraud ()

2003 / 2003

American Conference Institute Panelist/er: Managing and Litigating Depression Disability Insurance Claims

Present / 2003

19th Annual Western Claims Conference Panelist/er: Bad Faith Litigation

Present / 2003

American Conference Institute The Requirement for Regular and Appropriate Care in Disability Cases ()

2002 / 2002

Southern Claims Conference Recent Developments: The Contestable Clause, Bad Faith and Punitive Damages ()

2002 / 2002

Unum Provident Special Investigative Unit Training Manual ()

2002 / 2002

American Conference Institute The Public Policy Defense: The New Frontier in Disability Insurance Litigation ()

2000 / 2000

American Conference Institute Litigating the Bad Faith Case ()

2000 / 2000

American Conference Institute Co-Chair: Strategies for Success in Litigating Disability Insurance Claims

2000

American Conference Institute Panelist/er: 6th National Conference on Bad Faith and Punitive Damages

Present / 2000

American Conference Institute Panelist/er: 3rd National Strategies for Success in Litigating Disability Insurance Claims

Present / 2000

International Insurance Law Review Insurance Sales on the Internet: A Work in Progress (May )

1998 / 1998

Barger & Wolen LLP California Fair Claims Settlement Practices Regulations Manual ()

1997 / 1998

Southwest Insurance Association Conference Panelist/er: Are You Really Complying With States Fair Claim Practices

Present / 1998

Southern Claims Conference Contestable Life Claims ()

1997 / 1997

Southern Claims Conference Panelist/er: Contestable Life Claims

Present / 1997

Orange County Bar Association Panelist/er: Insurance Bad Faith: Plaintiff & Defense Perspectives

Present / 1997

Eastern Claims Conference Panelist/er: Uncivilized Behavior in a Civilized System

Present / 1997

Southern Claims Conference Panelist/er: Unique and Emerging Issues in Insurance Litigation

Present / 1996

Southern Claims Conference Panelist/er: Emerging Issues in Disability, Health and Life Insurance Litigation

Present / 1996

Southern Claims Conference Unique and Emerging Issues in Insurance Litigation ()

1996 / 1996

Midwest Claims Conference Emerging Issues in Disability, Health and Life Claims ()

1996 / 1996

ABA Tort Trial and Insurance Practice Section publication Insurance Issues in Bankruptcy: An Insurer's Perspective (Fall )

1994 / 1994

Chapters, Association of Life Insurance Counsel The Life Insurance Law of California, Delinquency Proceedings" and "Formation and Issuance of Life Insurance Policies? ()

1990 / 1990

California Insurance Law and Practice, Matthew Bender Insolvency of Insurers, California Insurance Law and Practice, Matthew Bender (-92)

1986 / 1986