Unfairness of ERISA claims
The reason for the lack of fairness and proper payment of claims in ERISA cases is that when an insurance company denies an ERISA claim, even if it is wrong, the most the court can do is force the insurance company to pay the claim as it should have paid in the first place. ERISA is The Employee Retirement Income Security Act of 1974.
If that is all the insurance company can be held liable for, what is the incentive for the insurer to pay the claim? If suit it file the judge only reviews what you sent ot the inaurance company. You do not get a jury. You do not get a trial. The judge will uphold the denial unless it is arbitrary and capricious. Some say irrational. This is why you need help. Call us for a free telephone consultation at (513) 891-8777.