Question
Can I sue a private investigator outside of ERISA?
Can I sue a private investigator outside of ERISA if their actions fall under state law claims, such as negligence, defamation, or invasion of privacy. These private investigators hired by my long term disability company entered a private road in our condominium complex and sat for 4 days. The illegally obtained video surveillance was then shared with multiple doctors and a peer review ultimately used it to terminate my long term disability. So basically I am looking at illegal trespassing, invasion of privacy and harassment.
Answer
Tom, anyone can be sued for any reason. SO the simple answer to your question is "Yes." However, that really is something outside of our wheelhouse as we focus our representation on proving to an insurance company or a court that our client is disabled.
