San Jose Employment Benefit Disputes Lawyers
Life, Health, and Disability Insurance Bad Faith in Campbell, Fremont, and the Bay Area
If you have had a problem with an employer provided health insurance policy, a life insurance policy, or a short- and long-term disability benefits policy, call 408-246-5500 to speak directly with experienced employment law attorneys. The details of your insurance policy may be complex and your employer and their insurance company probably have legal counsel on their side. You should have legal allies as well. Your initial consultation with us is free. In most instances we will handle your case on a contingency fee basis. You pay no attorneys' fees until we achieve a successful verdict or settlement for you.
There are two types of insurance and benefit plans available to most employees: employer-provided plans and private plans. Employer-provided insurance benefits are covered under a federal law called the Employee Retirement Income Security Act (ERISA). Private insurance plans (and employer-provided plans for government and church workers) are NOT covered under ERISA.
ERISA — Employer-Provided Plans and Legal Disputes
ERISA was enacted by Congress in 1974 and it applies to most types of insurance you receive through an employer. It also covers pension plans. Because of the complexity of ERISA law, ERISA cases are among the most complex insurance bad faith cases. They are difficult to fight but that doesn't mean they aren't worth the fight.
If you relied on the promise of health benefits or long-term disability benefits and then found your claim denied, this can cause tremendous financial problems for your family. At Jachimowicz Pointer, Attorneys at Law, Inc., our law firm is one of the few in the San Jose area that will take ERISA bad faith insurance cases. Attorney Joel Waelty has extensive experience with these types of cases and this is one of his primary areas of focus for the firm. As he has with many individuals and their families throughout Northern California, he may be able to help you.
Private Benefit Plans and Insurance Bad Faith
Some people have privately purchased life insurance, health insurance, and short- and long-term disability insurance. These plans are not covered under ERISA. In addition, benefits plans covering religious workers and government workers are considered private plans.
While many of the insurance bad faith problems are the same, private benefit plan cases are heard in civil courts and can be easier to prove.
- Was your health insurance claim unfairly denied or is it being endlessly delayed? Insurance companies have extensive systems in place to disallow injuries and deny claims.
- Did your spouse's life insurance company deny payment after his or her death, saying that your spouse misrepresented some fact in the initial application? The insurance company may use the tiniest excuse to deny coverage.
It's become increasingly common for insurance companies to engage in post-claims underwriting. What this means is that after someone files a claim, the insurer reviews the initial policy to find anything that might make the policy void. If they are doing this to you, we will fight back on your behalf. We have extensive resources and experience in these types of cases.
If you believe your claim for short- or long-term disability has been unfairly denied, or the insurance company would not pay on a life insurance or health insurance claim, take action as soon as possible. The sooner our attorneys become involved, the sooner you may be able to get what you are entitled to. Contact our law firm at 408-246-5500.