ERISA and Change of Venue
- posted: Jan. 17, 2018
You live in Colorado. You work here. Your employer's insurance company denies your disability or medical benefit claim, and tells you that your policy requires you to file your lawsuit in some far away jurisdiction like Delaware or Missouri (based on a clause in the policy you never saw, let alone agreed to). What are your options?
Surprisingly, many insurance polies contain these provisions. Even more so, many times the Court are willing to enforce those provisions. This year, our firm fought such a provision, commonly referred to as a "venue provision", and won. The Court agreed with our position that the provision violated both the letter and spirit of the ERISA law, and allowed our client to continue her lawsuit in her home state of Colorado. If you are faced with an insurance company who is refusing to pay your much needed benefits, don't go it alone. Call the experience lawyers at Silvern & Bulger, PC for a free consultation.