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Which Law Governs My Insurance Claim?

Which Law Governs My Insurance Claim?

by Evan Schwartz | Feb 5, 2018 | Individual Insurance, Insights

  It’s very important for you as an insured to know in advance what will happen in the event of a significant dispute with your insurance company. Whether you are in the claims process or filing a lawsuit, state law is going to apply to your claim either in...
DOL and ERISA Long-Term Disability Claims

DOL and ERISA Long-Term Disability Claims

by Evan Schwartz | Jun 21, 2017 | Healthcare Fraud, Individual Insurance, Insights

  The Federal Department of Labor has issued its new and final regulations regarding disability related claims.  If your long-term disability claim is governed by the federal law ERISA, which is the Employee Retirement Income Security Act (Read my previous blog...
Discretionary Authority and the Arbitrary and Capricious Standard Under ERISA

Discretionary Authority and the Arbitrary and Capricious Standard Under ERISA

by Evan Schwartz | May 15, 2017 | Healthcare Fraud, Individual Insurance, Insights

  I’ve previously blogged about the standard of review issue when courts decide whether ERISA-governed long-term disability benefits have been correctly denied or terminated by an insurance company.  When the insurance company has discretionary authority,...
Do You Think You Have a Bad Faith Insurance Claim?

Do You Think You Have a Bad Faith Insurance Claim?

by Evan Schwartz | Dec 22, 2016 | Individual Insurance, Insights

  {3:40 minutes to read} In my last blog, I spoke about what bad faith is generally. In this blog, I discuss a few preliminary considerations when you are wondering if your insurance company has treated you in bad faith and whether you can do something about it....
What Disability Claimants Need to Know About ERISA

What Disability Claimants Need to Know About ERISA

by Evan Schwartz | Feb 24, 2016 | Healthcare Fraud, Individual Insurance, Insights

  {4:40 minutes to read} What is ERISA? The Employee Retirement Income Security Act of 1974, or ERISA, is a federal law designed to protect an employee’s trust fund benefits. It is primarily directed at defined benefit plans, 401Ks, deferred compensation plans,...
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