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If my insurance company wrongfully denies my claim for benefits, can I sue the insurance company for “bad faith” and get punitive damages?

April 26, 2017Benefits claim COMPANY denies Insurance punitive Sue wrongfully

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If my insurance company wrongfully denies my claim for benefits, can I sue the insurance company for “bad faith” and get punitive damages?

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No. Not if your plan is governed by ERISA. The federal ERISA law pre-empts most state “Bad faith” lawsuits (and punitive damages) and there are no punitive damages available under ERISA, no matter how oppressive an insurance company’s tactics and no matter how frivolous an insurance company’s claim denial.