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Reform ERISA Now
Petition Background (Preamble):
The reason for the denial? Because they "CAN". Claimants cannot sue, except in Federal Court after a long process overseen by the insurance company, and then only for the exact amt of the LTD. Insurance companies KNOW about the ERISA loophole and use it to their advantage. MILLIONS OF AMERICANS ARE AFFECTED BY THIS, as their LTD benefits are covered under ERISA.
1. Allow participant/beneficiary suits to be brought in state courts, or specifically allow for both compensatory/punitive damages in ERISA cases brought in federal courts. The same caps can be used on punitive damages as those in the "Patients Bill of Rights."
2. State that the legal standard of review in all ERISA-based litigation shall be "de novo" regardless of
any language in the Summary Plan Description (SPD). We, the undersigned, petition for your immediate action in this regard.
The Reform ERISA Now petition to The Senate and House of the US Congress was written by Linda Leiby and is in the category Health at GoPetition. Contact author here. Petition tags: erisa, insurance, courts, congress, state, punitive, damages, allow, petition, companies, company, holes, federal, punitive damages, insurance companies, insurance company