Question
Is it capricious if another person's medical information was included in my file and likely used in the determination denial? Would Cigna be liable for other other damages or does ERISA insulate them?
Answer
Stev, If Cigna’s denial is based on records and information that do not belong to you then their reliance on same to deny a claim could be deemed arbitrary and capricious. Unfortunately, ERISA does not provide for additional damages against Cigna. Please feel free to contact our office to discuss how we may be able to assist you in appealing the denial of your benefits.












