The scope of ERISA preemption should not be extended beyond congress’ intent and should not be allowed to preempt first party insurer bad faith tort claims.
ERISA should not preempt state insurance laws.
- Objective evidence of disability
Anti-consumer and anti-policyholder affects of denying coverage in disability cases involving both a disease that is difficult to document objectively and an overwhelming amount of medical evidence that favors a finding of complete disability. Long term care insurance companies are sometimes permitted too much discretion…
Scope of ERISA preemption after Unum Life Insurance v. Ward. United Policyholders argued that remedial state statutes regulate insurance and should not be pre-empted by ERISA.