Protecting Your Insurance Benefits Under Employee Plans
Based in San Francisco, at Mannion Lowe & Oksenendler, P.C. our attorneys stand up to the insurance companies when they act in bad faith by refusing to pay claims and taking other actions that they are obligated to take. Sometimes, however, special considerations must be taken in regard to employer-sponsored plans covered by the Employee Retirement Income Security Act (ERISA). Successfully handling matters under ERISA requires a certain type of specific knowledge and experience that only attorneys who have spent a lot of time working in this area are likely to have.
To learn how we can help you resolve an ERISA matter, schedule a legal consultation with one of our experienced attorneys.
What Does ERISA Do?
ERISA is a law that regulates employee welfare benefit plans which provide “medical, surgical or hospital care, or benefits in the event of sickness, accident, disability, or death” through the purchase of insurance or other means. In other words, many medical insurance, life insurance, and disability insurance policies offered by the employer are governed by ERISA rules.
Why is this important? An action for insurance bad faith that relates to the handling of a claim under an ERISA-covered plan is pre-empted by the federal law, meaning that you cannot bring a lawsuit in state court like you could otherwise.
Insurance Law Attorneys Who Understand ERISA
There are several requirements which must be present for a benefit plan to be covered by ERISA. Also, some state laws which regulate insurance are not pre-empted by ERISA. Determining whether or not a plan is covered by ERISA or whether a state law claim is pre-empted or not requires the application of complex, multi-part tests. The lawyers at Mannion Lowe & Oksenendler, P.C. are familiar with navigating ERISA issues and how to determine whether ERISA applies and proceed accordingly. If your insurance bad faith claim involves a plan administered by your employer, contact Mannion Lowe & Oksenendler, P.C. to speak with an attorney who can sort out the issues and help you get the benefits you are entitled to receive. Reach our law office by calling 800-724-6188, or sending us an email now.