Skip to main content
Accessibility  |  About  |  Contact  |  Privacy  |  Terms

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

  • Published: 2010-09-21 (Revised/Updated 2016-03-20) : Disability Attorneys Dell & Schaefer (diattorney.com).
  • Synopsis: The answer to this depends upon whether or not you have a claim governed by ERISA or you have an individual disability policy.

Main Document

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

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

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.

Similar Topics

1 : Kentucky Court Overturn's Liberty Life's Denial Of Mental Illness Claim and Awards Claimant Long Term Disability Benefits : Attorneys Dell & Schaefer.
2 : Doctors and Medical Professionals Must Know What to Expect when Applying for Disability Insurance Benefits : Disability Attorneys Dell & Schaefer.
3 : Cigna May Have to Pay Wrongfully Denied Disability Benefits : Gregory Michael Dell.
4 : An ERISA Disability Appeal Must Be Filed Timely or You Will Have No Right to Sue : Disability Attorneys Dell & Schaefer.
5 : Unemployment Benefits and Social Security Disability Claims : Katz, Friedman, Eagle, Eisenstein, Johnson & Bareck.
From our Disability Insurance Claims section - Full List (32 Items)

Submit disability news, coming events, as well as assistive technology product news and reviews.


Loan Information for low income singles, families, seniors and disabled. Includes home, vehicle and personal loans.


Famous People with Disabilities - Well known people with disabilities and conditions who contributed to society.


List of awareness ribbon colors and their meaning. Also see our calendar of awareness dates.


Blood Pressure Chart - What should your blood pressure be, and information on blood group types/compatibility.





1 : Protein Levels in Spinal Fluid Correlate to Posture and Gait Difficulty in Parkinson's Disease
2 : Palliative Care Findings on Caregiver Depression, LGBT Partners, Moral Distress
3 : Circulation Journal's Go Red for Women Issue Focuses on Female Heart Health
4 : Wearable Stretchable Electronics Aid Stroke Recovery Treatment

Citation


Disclaimer: This site does not employ and is not overseen by medical professionals. Content on Disabled World is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. See our Terms of Service for more information.

Reporting Errors: Disabled World is an independent website, your assistance in reporting outdated or inaccurate information is appreciated. If you find an error please let us know.