McKennon Law Group

20321 SW Birch St. Suite 200
Newport Beach, California 92651, United States
Contact: Robert McKennon
Phone: (949) 387-9595
Fax: 949-484-9714
Areas of Practice
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Health
  • Insurance
  • Labor & Employment Law
  • Litigation
Number of Attorneys
2-10 Attorneys

Want to Open Up the Policy Limits on a Policy? Try Making a Section 998 Offer Above Policy Limits and You Just May Be Able to Do It

A good faith 998 offer must have had a “reasonable prospect of acceptance” in light of the information available to the parties at the time of the offer. Reasonableness depends on a two-prong determination. First, an offer is…more
 /  Insurance

Alas, A Very Hot Issue in California Insurance Law is Decided (At Least for Now): Insurers Have No Affirmative Duty to Settle as Long as They Do Not Foreclose the Possibility of Settlement and/or Abse

Absent a settlement demand or some indication the injured party is interested in settlement, an insurer is not liable for a failure to act, so long as the insurer did not foreclose the possibility of settlement. For an insurer…more
 /  Insurance

Insurers Have a Duty to Defend at the Outset of Litigation Even If a SIR Has Not Been Exhausted

A self-insured retention (SIR) provision does not automatically relieve a primary insurer of its duty to pay first-dollar in defending its insured. The policy must expressly and unambiguously make the insurer’s duty to defend…more
 /  Insurance

Insurers Forfeit Their Protections Under Civil Code Section 2860 (Cumis Statute) When They Fail to Meet Their Duty to Defend Obligations

J.R. Marketing LLC v. The Hartford Cas. Insurance Co., __Cal.App.4th __ (May 17, 2013), sends a strong message: insurers who reserve their rights and refuse to fund the defense of Cumis counsel take a big chance that they will…more
 /  Insurance

CIGNA Forced to Re-evaluate Long-Term Disability Insurance Claims Handled Between 2008 to 2010, and Set Aside $77 Million to Pay Previously Denied Claims

The California Department of Insurance via a market conduct examination, as well as insurance regulators from Connecticut, Maine, Massachusetts and Pennsylvania, reached a settlement agreement with CIGNA over its improper…more
 /  Insurance

Insured May Not File Suit Against Insurers Under Unfair Competition Law Based on Allegedly Wrongful Denial of Benefits to Other Policyholders

In its recent decision in Schwartz v. Provident Life and Accident Insurance Co., the California Court of Appeals held that, in order to have standing to pursue a claim under California’s “Unfair Competition Law” (Bus. & Prof…more
 /  Insurance

The Important Potential Implications of Zhang v. California Capital Insurance Co. For Insurance Litigation in California

The decision by the Supreme Court in Yanting Zhang v. California Insurance Co., is expected within 90 days of the oral argument on May 8. Both insureds and their attorneys should keep careful watch for this potentially…more
 /  Insurance

United States Supreme Court to Decide When the Statute of Limitations Period Begins in an ERISA Disability Case

United States Supreme Court to hear the case of Heimeshoff v. Hartford Life and Accident Insurance Company. The United States Supreme court’s ruling may simplify the calculation of deadlines to file a lawsuit. The clearer the…more
 /  Insurance

Can an ERISA Claims Administrator Engage in Post-Trial Discovery Regarding Benefit Issues? No, Says District Court

Judge Cormac J. Carney of the United States Federal District Court for the Central District of California denied Sun Life and Health Insurance Company’s Objections to Proposed Judgment in an ERISA long-term disability insurance…more
 /  Insurance

Filing an Insurance Claim can be Protected Conduct Under Anti-SLAPP Law

California Court of Appeals confirmed that, in certain circumstances, the filing of an insurance claim constitutes prelitigation activity that is protected under the anti-SLAPP statute. While such circumstances are described as…more
 /  Insurance

California Courts Give Effect to the Intent of the Parties to an Insurance Contract

California Appellate Court upholds the long-standing rule in California that the mutual intent of the parties will always control the interpretation of potentially conflicting provisions in an insurance contract…more
 /  Civil Remedies, Insurance

Insurance Companies Must Show "Substantial Prejudice" to Deny Claims for a Failure to Comply With The Proof Of Loss Requirement

After the Station Fire of August 2009, 1440 policyholder lawsuits against Farmers Insurance Exchange were consolidated into one case - Henderson v. Farmers Group Insurance. For the policyholders whose claims were denied based…more
 /  Insurance


Insurance Commissioner Dave Jones last week announced that Governor Jerry Brown has signed AB 1747. AB 1747 will require that every life insurance policy issued or delivered in this state contain a provision for a grace period…more
 /  Insurance

Under ERISA, Communications with In-House Counsel Before a Final Claims Decision are Not Privileged and are Subject to Discovery to Show a Conflict of Interest

The Ninth Circuit for the first time addresses whether the fiduciary exception applies to insurance companies in the ERISA context. In an ERISA case, a claimant is entitled to conduct discovery regarding communications between…more
 /  Insurance

Ninth Circuit Confirms That Plan Language Controls In The Absence of Detrimental Reliance on SPD Language

Ninth Circuit applied the Supreme Court’s ruling in CIGNA Corp. v. Amara, 131 S. Ct. 1866 (2011) wherein the high court ruled that ERISA "summary documents, important as they are, provide communication with beneficiaries about…more
 /  Insurance
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