Successful Life Insurance Litigation

When We Fight for Your Life Insurance Benefits in Court

“Excellent, thorough, knowledgeable, compassionate
I hired Alan Kassan to represent me in an ERISA life insurance dispute. He was thorough, knowledgeable, and gave me advice that helped me to achieve a desirable outcome with respectful consideration of my financial resources. He cared about what was just and fair in my case. His effective representation made the difference at the bargaining table.”
— Posted by Connie

Is it worth suing the insurance company for denying my claim?

Sometimes, despite your best efforts and a well-crafted appeal, an insurance company continues to wrongfully deny your life insurance or AD&D claim. At Dorian Law, we understand that this can feel like the end of the road. However, it is not. Litigation is the next powerful step you can take to fight for the benefits you or your family deserves, and Dorian Law is prepared to stand by your side as your champions in the courtroom.

Litigation means taking your denied life insurance or AD&D claim to court. It is a formal legal process where we present your case to a judge or jury to determine whether the insurance company wrongfully denied your claim and should be compelled to pay the benefits owed under the policy.

This page explains what life insurance litigation entails, covering both ERISA lawsuits for employer-sponsored policies and "bad faith" lawsuits for individual policies. We will highlight the key differences between these types of litigation and demonstrate why Dorian Law possesses the knowledge and experience to successfully represent you in court.

Why Choose Dorian Law for Your Life Insurance Litigation?

Navigating life insurance litigation, whether ERISA or bad faith, requires specific legal knowledge, tenacity, and a deep understanding of insurance company tactics. Here are five reasons to choose Dorian Law:

  • At Dorian Law, our "Proven Track Record" is measured by the tangible results we achieve for our clients – securing the disability, life insurance, or AD&D benefits they were wrongfully denied. We are driven by a commitment to turning claim denials into claim approvals, and appeals into victories.

  • Dorian Law is built on our extensive experience in insurance law, specifically focusing on disability, life insurance, and AD&D claims. This isn't just generic legal experience; it's specificity allowed us to develop expertise honed over years of successfully navigating the complexities of insurance disputes.

  • Reputation Matters. A Proven Track Record is not just about internal metrics; it's also about the recognition and respect earned within the legal community. Dorian Law, through its principal Brent Dorian Brehm, has built a strong reputation for integrity, expertise, and effective advocacy.

  • Consistent Application of Winning Strategies – Our Proven Track Record isn’t just about isolated successes; it’s about a consistent application of winning legal strategies refined over years of experience. We have developed and honed effective approaches to insurance claim disputes that consistently deliver results.

  • While ethical considerations prevent us from publishing specific case details, the testimonials and positive feedback we’ve received over the years from grateful clients are an undeniable testament to our Proven Track Record. Check out Dorian Law’s Testimonials page, where you will find quotes clients posted on public websites like Yelp, Google, and Avvo. Our clients’ satisfaction and the positive impact we’ve had on their lives are the ultimate measure of our success.

ERISA Life Insurance Litigation

When your group life insurance claim (governed by ERISA) is wrongfully denied even after a thorough appeal, filing a lawsuit in federal court is your next step. ERISA litigation has specific characteristics:

  • Federal Court Jurisdiction: ERISA lawsuits are filed in U.S. District Court, governed by federal rules of civil procedure and ERISA law.

  • Limited to the Administrative Record: Typically, federal court review in ERISA cases is limited to the "administrative record" – the documents and evidence that were before the insurance company during the claim and appeal process. This underscores the critical importance of building a strong administrative record during the appeal phase, as discussed on our "Submitting an Effective Appeal" page, and highlights the value of Dorian Law's strategic approach to appeals.

  • "Arbitrary and Capricious" Standard of Review: In many ERISA cases, the court applies an "arbitrary and capricious" standard of review. This means the court will generally uphold the insurance company's decision if it was "reasonable," even if the court might have reached a different conclusion. Challenging a denial under this standard requires skilled legal argumentation and demonstrating why the insurer's decision was unreasonable based on the administrative record and policy language. Dorian Law has a Proven Track Record of successfully navigating this challenging standard.

  • Focus on Policy Language and ERISA Compliance: ERISA litigation often centers on interpreting the specific language of the life insurance policy and ensuring the insurance company complied with ERISA's procedural requirements for claims handling and appeals. Our Deep Industry Knowledge of ERISA law and policy interpretation is crucial in these cases.

  • Breach of Fiduciary Duty Claims: In ERISA litigation, we can also pursue claims for breach of fiduciary duty if the insurance company or plan administrator acted improperly in handling your claim or violated their fiduciary obligations to plan beneficiaries. Dorian Law has experience litigating breach of fiduciary duty claims to hold ERISA fiduciaries accountable.

  • Limited Remedies Under ERISA: ERISA primarily allows for the recovery of the unpaid policy benefits and attorney fees. Punitive damages or compensation for emotional distress are generally not available in ERISA cases. It's important to understand these limitations of ERISA litigation.

  • No Jury Trial in ERISA Benefit Claims: ERISA benefit claims are typically decided by a judge, not a jury.

"Bad Faith" Life Insurance Litigation

For individual life insurance and AD&D policies, when an insurance company acts wrongfully in denying a claim, you can often pursue a "bad faith" lawsuit in state court. "Bad faith" refers to an insurance company's unreasonable and unfair conduct in handling your claim. These cases are governed by state contract law and insurance regulations and offer different legal avenues than ERISA:

  • State Court Jurisdiction: Bad faith lawsuits are filed in state or federal courts, governed by the rules of civil procedure for that court, but decided under state insurance law.

  • Broader Discovery Process: State law litigation generally allows for a broader "discovery" process than ERISA. This means we can often obtain more information from the insurance company, including internal documents, claims manuals, and communications, to uncover evidence of bad faith.

  • "Breach of the Covenant of Good Faith and Fair Dealing": In most states, insurance contracts include an implied "covenant of good faith and fair dealing." This means insurers have a legal obligation to act fairly and in good faith when handling claims. Denying a valid claim unreasonably can constitute a breach of this covenant, forming the basis for a bad faith lawsuit.

  • Right to a Jury Trial: In state law bad faith cases, you generally have the right to a jury trial, allowing your case to be decided by a jury of your peers, which can be advantageous.

What Constitutes "Bad Faith" Conduct? "Bad faith" can manifest in various ways, including:

  • Unreasonable Denial of a Valid Claim: Denying a claim without a fair and objective basis, or ignoring clear evidence supporting the claim.

  • Improper or Inadequate Investigation: Failing to conduct a thorough and impartial investigation of the claim, rushing to a denial, or selectively reviewing evidence.

  • Misrepresenting Policy Language or Facts: Distorting policy language or facts to justify a denial.

  • Unreasonable Delays in Claim Handling: Prolonging claim processing or payment without legitimate reasons.

  • Using Unfair or Deceptive Claims Practices: Employing tactics designed to discourage claimants or avoid paying valid claims.

Potential for Extra-Contractual Damages: Unlike ERISA, bad faith litigation under some state laws may allow you to recover "extra-contractual" damages beyond just the policy benefits. These can include:

  • Compensatory Damages for Emotional Distress: Compensation for the emotional harm caused by the insurer's bad faith conduct.

  • Punitive Damages: In some cases of egregious bad faith conduct, courts may award punitive damages to punish the insurer and deter similar behavior in the future.

  • Attorney Fees and Costs: Similar to ERISA, you can typically recover attorney fees and costs if you prevail in a bad faith lawsuit, but the fees may be limited to time spent proving breach of contract.

Frequently Asked Questions (FAQ) About Litigating Life and AD&D Insurance Claims

  • A: Litigation becomes necessary when your claim has been wrongfully denied and the insurance company refuses to overturn the denial through the appeal process. If you believe the denial is unjustified, litigation is the next step to legally challenge the decision and seek court intervention.

  • A: We provide honest case assessments and will advise you on the likely strengths and challenges of your case. Of course, the chances of success in litigation depend on the specific facts of your case, the policy language, the applicable law (ERISA or state law), and the strength of your legal representation. We will give you straight answers in your free consultation. While no attorney can guarantee a win, Dorian Law's Proven Track Record and industry knowledge significantly increase your odds of a favorable outcome.

  • A: Litigation timelines vary depending on the complexity of the case, the court's schedule, and whether the case goes to trial. ERISA cases can sometimes be resolved more quickly than bad faith cases, as they are often decided based on the administrative record. However, both types of litigation can take anywhere from several months to over a year, or even longer in complex cases. Our Client-Focused Approach includes proactive case management to move your case forward as efficiently as possible.

  • A: Litigation costs can include attorney fees, court filing fees, expert witness fees, and other expenses. At Dorian Law, we often work on a contingency fee basis for life insurance litigation, aligning our interests with yours. You typically don't pay us attorney fees upfront; instead, our fee is a percentage of the benefits we recover for you. We will discuss costs and fee arrangements transparently during your free consultation.

  • A: The administrative record is the collection of documents and evidence before the insurance company during the claim and appeal process in ERISA cases. Federal courts generally limit their review to this record. Therefore, building a strong administrative record during the appeal phase is absolutely critical in ERISA litigation. A Deep Knowledge of ERISA is essential for strategically developing a robust and compelling administrative record.

  • A: Punitive damages are damages awarded in some bad faith cases in addition to compensatory damages (like unpaid benefits and emotional distress). Punitive damages are intended to punish the insurance company for particularly egregious or malicious bad faith conduct and to deter similar misconduct in the future. They are not always awarded, and are not available in all states, but are a potential remedy in strong bad faith cases.