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Kentucky Complaint For Wrongful Termination of Insurance Under ERISA and For Bad Faith - Jury Trial Demand
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FAQ
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.
What Does ERISA Cover? Plans that are covered under ERISA include employer-sponsored retirement plans, such as 401(k)s, pensions, deferred compensation plans, and profit-sharing plans. ERISA also covers certain non-retirement plans like HMOs, FSAs, disability insurance, and life insurance.
ERISA provides internal claims procedures for determining whether to grant or deny benefits. Courts generally hear ERISA claims only after the employee exhausts these remedies. First, the plan must provide an employee with notice of a decision to deny the benefits under the plan.
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.
ERISA provides internal claims procedures for determining whether to grant or deny benefits. Courts generally hear ERISA claims only after the employee exhausts these remedies. First, the plan must provide an employee with notice of a decision to deny the benefits under the plan.
Kentucky Insurance Bad Faith Laws It is one of the few states that allow first and third-party bad faith claims. Simply put, this means that you can bring a bad faith claim against your insurance company as well as against the insurance company of a defendant who may be responsible for your losses/injury.
Under Kentucky's UCSPA, an insurance company is required to deal in good faith with a claimant, whether an insured or a third-party, with respect to a claim which the insurance company is contractually obligated to pay. The statute is ?intended to protect the public from unfair trade practices and fraud.?