Can I Sue My Long Term Disability Insurance Company for Bad Faith or Punitive Damages

Introduction

The answer to this question depends upon whether or not you have a claim governed by ERISA or you have an individual disability policy.

Main Digest

Let's start with the easy one and probably the most unfair one.

If you have a policy governed by ERISA, the answer is that you absolutely cannot sue your disability insurance carrier for either bad faith or punitive damages.

I didn't make the law, I don't agree with it.

I think the ERISA laws are very unfair, and there's no indication that those laws are going to change any time soon.

With regard to individual disability policies, in some states, you can sue your disability carrier for bad faith and punitive damages, and obviously in others, you can't.

The facts of the case in order to qualify for a bad faith claim have to be very specific.

There are only a few states that allow you to sue for bad faith or punitive damages.

So if you have any facts in your case that you believe would warrant a claim for bad faith or punitive damages, we encourage you to contact us at your convenience regarding your Disability Claim.

Related Publications▶ Share This Page

Page Information, Citing and Disclaimer

Disabled World is a comprehensive online resource that provides information and news related to disabilities, assistive technologies, and accessibility issues. Founded in 2004 our website covers a wide range of topics, including disability rights, healthcare, education, employment, and independent living, with the goal of supporting the disability community and their families.

Cite This Page (APA): Disability Attorneys Dell & Schaefer. (2010, September 21 - Last revised: 2016, March 20). Can I Sue My Long Term Disability Insurance Company for Bad Faith or Punitive Damages. Disabled World. Retrieved September 10, 2024 from www.disabled-world.com/disability/insurance/claims/sue-insurance-company.php

Permalink: <a href="https://www.disabled-world.com/disability/insurance/claims/sue-insurance-company.php">Can I Sue My Long Term Disability Insurance Company for Bad Faith or Punitive Damages</a>: The answer to this depends upon whether or not you have a claim governed by ERISA or you have an individual disability policy.

Disabled World provides general information only. Materials presented are never meant to substitute for qualified medical care. Any 3rd party offering or advertising does not constitute an endorsement.