ERISA’S saving clause must defeat a claim that the law is pre-empted because it provides a remedy other than those set forth in ERISA section 502.
- United States
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.