![]() ![]() The first question is: what is an ERISA plan? An ERISA plan is not an insurance policy. ![]() ![]() Group claims were almost entirely removed from the state-court system, and a new set of laws applied. After that decision, the landscape of insurance law changed forever. Plaintiffs could no longer sue in state court for bad faith for the denial of their group life, health, or disability benefits. 41, the Court held that ERISA preempted state law on the subject. It was not until 1987, however, that it became clear that not only was ERISA a remedial scheme that employees could use when their benefits had been denied, it was thereafter the only way to pursue such claims. (Subcommittee on Labor of the Committee on Labor and Public Welfare of the United States Senate, Legislative History of the Employee Retirement Income Security Act of 1974: Public Law 93-406, 93d Cong., 1st Sess. § 1001.ĮRISA was originally introduced to the House of Representatives on January 3, 1973, and despite the current commonly-held belief that insurance was included within its scope later as an afterthought, the original text of the bill did include insurance. 1991) 937 F.2d 1450, 1452-53.) Congress took up the problem and drafted a new act to protect employees for pension fraud and abuse: the Employee Retirement and Income Security Act (“ERISA”) of 1974, 29 U.S.C. In the 1970s, there was at least a perceived crisis regarding the state of pension plans. Here are ten things to bear in mind when handling an ERISA insurance case.Īll non-government group life, health, and disability claims are subject to ERISA Even though the coverage and policy-interpretation issues are nearly identical to those involved in an insurance bad-faith case, insurance claims under ERISA have their own unique procedural trajectory. ERISA cases have much in common with regular insurance bad-faith cases, but there are also a lot of differences. ![]()
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