Why Does ERISA Law Make Unum Lawsuits Challenging For Disability Claimants?
ERISA is an unfair law that governs all disability insurance policies that are provided as an employee benefit. More than 90% of Unum disability insurance policies sold are governed by ERISA. Unlike a non-ERISA governed policy, ERISA policy holders do not start on a level playing field. ERISA is unfair for the following five reasons:
- Does not allow a jury trial,
- No punitive damages,
- Very limited discovery,
- The Judge usually must apply a standard of review that defers to insurance company’s conclusion if a reasonable review was conducted,
- The Judge can remand the case back to Unum for any additional chance to review the claim and deny it again
In the videos below we discuss why ERISA is an unfair law for disability insurance claimants.