Insurance, Bad Faith, Or ERISA?
Denied Insurance Claim? DL Law Group Fights Back
Navigating insurance disputes can be complex, especially when determining whether your case falls under bad faith laws or ERISA. At DL Law Group, based in San Francisco, we specialize in holding insurance companies accountable for unfair claim denials. With decades of experience and a client-first approach, we ensure you get the compensation you deserve, whether your claim involves bad faith or ERISA. Below, we explain the differences, outline insurance company tactics, and show how we fight for policyholders like you.
Insurance law is very unique in the United States because the type of policy you have determines which laws govern it.
If you purchase an individual policy, whether it is a health insurance policy, life insurance policy, or disability insurance policy, and you live in California, then you are protected by California bad faith laws. A bad faith denial is simply an unreasonable denial. If your insurance company treats you unreasonably, that is considered bad faith.
What insurance companies often do is claim they made an honest mistake. They will say, with their fingers crossed behind their backs, that they could have gone either way. They may say they had information supporting both paying and denying your claim, and they chose to deny it. But they will argue they were not unreasonable. Insurance companies often tell judges that because they had evidence on both sides, their decision was not in bad faith.
They say this to avoid liability. If your insurance company denies your claim in bad faith, they can be held liable for the benefits at issue. They may also be liable for emotional distress damages, financial distress damages, and attorney’s fees. In certain cases, they can even be liable for punitive damages.
Insurance companies know that bad faith verdicts can result in very large awards.
On the other hand, if you received your insurance policy through your employer, most of those policies are governed by a federal law called ERISA. Although there are exceptions, ERISA stands for the Employee Retirement Income Security Act.
ERISA has been a major advantage for insurance companies because it limits their liability. If an insurance company denies a claim under ERISA and loses in court, the worst-case outcome for them is that they pay the benefits they originally owed. In some cases, they might also have to pay attorney’s fees. However, they cannot be held responsible for emotional distress damages, financial distress damages, or punitive damages.
Insurance companies have taken advantage of ERISA laws for decades, and unless Congress changes the law, they will continue to do so.
The DL Law Group litigates both bad faith insurance claims and ERISA claims. We are also very familiar with insurance company tactics, including efforts to classify your claim as an ERISA matter even if it is not. They do this to limit their liability.
We do not let that happen.
How DL Law Group Protects You
At DL Law Group, we meticulously review your policy to determine whether it’s governed by California bad faith laws or ERISA. We challenge insurance companies’ attempts to misclassify claims, ensuring they face the full scope of liability. Our process includes:
- Free Case Evaluation: We assess your claim to identify the applicable laws and build a strong case.
- Strategic Negotiation: We aim to settle quickly, saving you time and maximizing your recovery.
- Aggressive Litigation: If a lawsuit is necessary, we’re prepared to take your case to trial, leveraging our extensive experience.
- No Upfront Costs: We cover all expenses, and you only pay us if we win.
Whether your case involves a bad faith denial or an ERISA dispute, we fight to recover the benefits you’re owed, plus any additional damages available under California law.
Serving San Francisco
Located in San Francisco, DL Law Group proudly serves clients across the Bay Area, including Oakland, San Jose, and beyond. Our deep understanding of California insurance laws and federal ERISA regulations gives us a unique advantage in securing justice for policyholders. Whether you’re facing a denied health, life, or disability insurance claim, we’re here to help.
Contact DL Law Group Today
Don’t let an insurance company’s bad faith or ERISA tactics deny you the benefits you’re entitled to. Contact DL Law Group for a free, no-obligation consultation. Our San Francisco attorneys are ready to review your case, counter insurance company tactics, and fight for the compensation you deserve. Call us at
415-678-5050
or complete our contact form to get started today.
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Why Choose DL Law Group?
At DL Law Group, we understand that when your insurance claim is wrongfully denied, it’s more than just a legal issue, it’s personal. Below are the key benefits we offer our clients because you deserve more than just representation. You deserve a legal team that listens, stands up to powerful insurance companies, and puts your needs first every step of the way.