Can I Sue My Long-Term Disability Insurance Company For Denying Me Benefits?
I am disabled and can no longer work. I have been receiving long-term disability benefits for over five years and now the insurance company has decided to cut me off. Can I sue them?
You may be able to file a lawsuit against your insurance company, but the exact nature of your rights depends in part on the law applicable to your insurance policy. It is possible that your insurance policy is governed under a federal law known as "ERISA," a law which greatly restricts what type of damages you can recover in a lawsuit and permits the insurance company to erect certain procedural hurdles before you even file suit.
Your insurance policy may be governed by state law and, if it is, the law of your state will govern what rights you have. (You will still have to comply with the lawful terms of the policy.) State law often permits a judge or jury to award damages that may not be awarded if the policy is governed by ERISA.
An experienced long-term disability insurance lawyer can help you determine what law governs your insurance policy and this what your legal rights are under the circumstances.
