On July 26, 2013, the U.S. Court of Appeals for the Seventh Circuit issued a ruling in Larson v. United Healthcare Insur.Co., No. 12-1256 click here permitting ERISA plaintiffs to sue insurance companies that underwrite and are responsible for paying benefits when claims are asserted that benefits have been wrongfully denied. This ruling marks a significant change from prior Seventh Circuit case law that permits suits to recover benefits pursuant to 29 U.S.C. Sec. 1132(a)(1)(B) to be brought only against the benefit plan. A more detailed article about the case by Mark DeBofsky will be appearing in the Chicago Daily Law Bulletin the next few weeks and will be made available on this website.

For further information, contact Mark DeBofsky – [email protected]

– See more at: /2013/07/28/seventh-circuit-permits-erisa-suits-to-be-brought-against-insurers/#sthash.Pwe6fQ34.dpuf

Related Articles

High court social security ruling’s implications for ERISA

It is a generally accepted tenet in litigation under the Employee Retirement Income Security Act that claimants challenging benefit denials must first exhaust prelitigation claim appeals as a condition precedent to filing suit. While an administrative exhaustion requirement applies to claim exhaustion, whether ERISA claimants are barred from raising new issues in court that were not previously asserted in their claim appeals remains open to question. […]

When to hire a lawyer to claim against health insurance denial

When to hire a lawyer to claim against health insurance denial

Navigating a denial of your private health insurance claim at a time when your focus is on receiving the medical care you need can seem like an uphill battle with your insurance company. Healthcare claims are often complex. It is important to consult with a lawyer who focuses on health insurance claims and possesses the expertise and knowledge to get your claim approved and prevent you from being stuck with a medical bill that your health insurer should pay. […]