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Tennessee Complaint For Wrongful Termination of Insurance Under ERISA and For Bad Faith - Jury Trial Demand
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How to fill out Complaint For Wrongful Termination Of Insurance Under ERISA And For Bad Faith - Jury Trial Demand?
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FAQ
Bad faith. 1) n. intentional dishonest act by not fulfilling legal or contractual obligations, misleading another, entering into an agreement without the intention or means to fulfill it, or violating basic standards of honesty in dealing with others.
If the insurance company, in bad faith, denies a valid claim, the insured can file a bad-faith lawsuit.
Tennessee Bad Faith Statute Tennessee Code Annotated 56-7-105 says that if an insurance company's refusal to pay a claim was not in good faith, then then the company may be liable for up to 25% of the loss amount, measured by the additional expenses incurred by the policyholder.
There is no statutory right to a jury trial under ERISA. For this reason, breach of fiduciary duty claims have historically been considered equitable claims to be heard by a judge.
BAD FAITH: A ?Bad Faith? discussion is one in which one or both of the parties has a hidden, unrevealed agenda?often to dominate or coerce the other individual into compliance or acquiescence of some sort?or lacks basic respect for the rights, dignity, or autonomy of the other party.
In Tennessee, an insurance company may be held liable for no more than twenty-five percent (25%) of the amount of the claim (which it refused to pay) including any interest due on the claim. The policyholder has the burden of proving that the insurance company did not act in good faith (that it acted in bad faith).