Insurance & ERISA Litigation

Our firm is dedicated to understanding the complexities of our clients’ businesses and industries.

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INSURANCE AND ERISA LITIGATION

DeWitt Law is experienced in virtually every aspect of the Employee Retirement Income Security Act of 1974 (“ERISA”) and has represented insurers, employers and other plan fiduciaries in both state and federal courts throughout the country regarding claims by plan participants, beneficiaries and others handling cases regarding the denial of life, health or disability benefits and also recouping overpayments caused by government benefit awards after the payment of benefits has commenced. DeWitt Law is well-versed in and has written extensively in this nuanced area of the law, including removal to federal court, limiting state law claims and confining discovery to the administrative record. Representative cases have involved issues such as:

  • Whether a death was accidental as defined in the plan
  • Litigating challenges to discretionary clause language
  • Limiting claims to an “own occupation” period versus "any occupation"
  • Limiting discovery to the administrative record
  • Contestability, fraud and material misrepresentation
  • Issues regarding the appropriate standard of review

We also represent insurers and third-party administrators before regulatory bodies, arbitration panels and administrative tribunals in individual life, health and disability litigation in disputes regarding claims, bad faith claims handling, breach of fiduciary duty and agent misconduct, along with claims for extra-contractual remedies.

We always seek an early resolution by conducting a thorough initial investigation and applying our experience and knowledge to put the issues in the best light for the client. However, when early resolution is not possible, we zealously pursue our clients’ best interests throughout the litigation process through motion practice, trial preparation and settlement negotiations.