Can I sue a LTD ins. co. for punitive damages if they wrongfully canceled my claim. I have an ERISA policy.

Asked over 1 year ago - Fort Pierce, FL

My LTD insurance company received documentation from my doctors stating that I am disabled and not able to return to work. Yet, they wrongfully canceled my claim, which caused me a substantial amount of hardship, both financially and physically. If I have an ERISA policy, can I sue the LTD ins. co. for punitive damages? If not, what can I do?

Attorney answers (3)

  1. Barry A. Stein

    Pro

    Contributor Level 18

    3

    Lawyers agree

    1

    Answered . What is the basis for their denial? You should have your case reviewed by an attorney familiar with ERISA the claims. You get contract damages, at best, and that wont include punitive damages.

    The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual... more
  2. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . ERISA limits your remedies. Punitive damages are not an included remedy.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  3. James R Comerford

    Contributor Level 9

    2

    Lawyers agree

    Answered . Unfortunately, ERISA limits the remedies available to participants. In your case, you would be limited to receiving past due benefits, interest and possibly your attorney's fees if you prevail in court. It is essential that you contact an employee benefits attorney familiar with the law as soon as possible, especially if you are still appealing the claim with insurance company. Best of luck in pursuing the benefits you deserve.

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