This form is a Complaint For Wrongful Termination of Insurance Under ERISA and For Bad Faith-Jury Trial Demand. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
District of Columbia Complaint For Wrongful Termination of Insurance Under ERISA and For Bad Faith - Jury Trial Demand
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FAQ
Who can sue under ERISA? By statute, only four classes of plaintiffs may sue under ERISA: plan participants, plan beneficiaries, the Secretary of Labor, and plan fiduciaries.
Who is it for? The federal ERISA laws govern employer-sponsored health plans, except those offered by a church or a governmental entity for its employees. Health insurance that is offered by a church or a governmental entity is not governed by ERISA.
In general, ERISA does not cover plans established or maintained by governmental entities, churches for their employees, or plans which are maintained solely to comply with applicable workers compensation, unemployment or disability laws.
ERISA § 5108 provides participants and beneficiaries a right to sue any person that acts adversely to an employee for improper ERISA-re- lated reasons. Section 510 generally prohibits discriminatory conduct by an employer toward an employee.
One cause of action under ERISA is a claim for benefits, which is frequently seen in long-term disability situations. There could be claims for breach of fiduciary duty, if the administrator failed to do something or did something that was not in the best interests of the plan.
ERISA litigation refers to the process of taking legal action involving a pension, disability, or health benefit plan governed by ERISA. Most ERISA litigation is filed by an employee or former employee against their employer or insurance company.
D.C. Code §31-2231.17(a)(1) and (b)(1). Refusal to pay claims without conducting a reasonable investigation. D.C. Code §31-2231.17(b)(4). Compelling claimants to initiate litigation to recover amounts due by offering substantially less than amounts ultimately recovered.