Insurance
May 27, 2017
Decision marks the end of an era for employee benefit plans
The 9th Circuit has put the final nail in the coffin for grants of discretionary authority to insurers in ERISA-governed insurance policies and employer plan documents. By Robert J. McKennon and Joseph S. McMillen
Robert J. McKennon
Shareholder
McKennon Law Group PC
20321 SW Birch St Ste 200
Newport Beach , CA 92660
Phone: (949) 387-9595
Fax: (949) 385-5165
Email: rm@mckennonlawgroup.com
USC Law School
Robert specializes in representing policyholders in life, health and disability insurance, insurance bad faith, ERISA and unfair business practices litigation. His firm's California Insurance Litigation Blog can be found at www.californiainsurancelitigation.com.
Long-term disability insurers and life insurers frequently include clauses in their insurance policies affording them complete discretion to decide whether the claimant is eligible for the policy's benefits, to decide the amount, if any, of benefits to which they are entitled, and to interpret the policy's terms how they see fit. Employers and their claims fiduciaries (i.e., the insurers) re...
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