Legal Help if Your Disability, Medical or Life Insurance Claim has Been Denied When ERISA Does Not Apply
ERISA does not govern all claims for insurance benefits, such as long-term disability (LTD) insurance or life insurance. When the insurance is obtained, not through employment, but by purchasing an individual insurance policy or group insurance as a member of an association or other organization, then ERISA does not apply.
Claims made for benefits obtained by purchasing an individual insurance policy or a group insurance policy (but not through employment) are handled very differently under the law. State, not federal, law will govern the lawsuit. The claim is one for breach of an insurance contract. In contrast to the unusual procedures under ERISA, insurance claims governed by state law are handled in the usual way - with the right to a trial with testimony and the right to have the case decided by a jury. There is no need to exhaust plan or administrative remedies; if the claim is denied or delayed, the insured person may file a lawsuit promptly.
Both Gerry Dwyer and Kevin Brennan have tried dozens of jury trials and have handled many insurance cases. We have tried insurance cases to jury verdict, including long-term disability claims, accidental death and dismemberment insurance, and life insurance cases involving the defense of material misrepresentation. We also have experience involving property insurance and insurance coverage disputes. We have also defended people from insurance subrogation claims.
If you have been denied insurance benefits, talk with an attorney who understands such cases and knows how to try a jury case intended to obtain your benefits for you. Contact the lawyers at the downtown Manhattan law office of Dwyer & Brennan. Our attorneys have more than 30 years of experience handling insurance claim denials for long term disability, health insurance, life insurance and property insurance disputes.
The attorneys at Dwyer & Brennan represent clients throughout New York City in state courts in Manhattan, Brooklyn (Kings County), Queens (Queens County), and the Bronx, and in all New York federal courts.
