Generally, no. Under most group insurance policies bad faith claims are preempted by ERISA. ERISA applies in most cases where the insurance benefits are group benefits provided by or through an employer. ERISA also affects other rights you would normally have, like the right to a jury trial, and the right to ask for punitive damages. The key is determining whether ERISA applies to your claim. This is not always the case, even if an employer appears to be providing the insurance or benefit. Contact Thomas Pleasant's office for a case evaluation. Even if a bad faith claim is not available, we can help with your ERISA claim.

Can I assert a “bad faith” claim for insurance provided by my employer?

 

A: Generally, no. Under most group insurance policies bad faith claims are preempted by ERISA. ERISA applies in most cases where the insurance benefits are group benefits provided by or through an employer. ERISA also affects other rights you would normally have, like the right to a jury trial, and the right to ask for punitive damages. The key is determining whether ERISA applies to your claim. This is not always the case, even if an employer appears to be providing the insurance or benefit. Contact Thomas Pleasant's office for a case evaluation. Even if a bad faith claim is not available, we can help with your ERISA claim.


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