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Rights of Disability Insurance Claimants Boosted with Decision

By Kevin Schlosser and Robert C. Angelillo

There are significant differences in the rights afforded to an insured under a disability insurance policy depending upon whether the insurance is provided pursuant to an individual policy or under an employer-sponsored plan covered by the Employee Retirement Income Security Act of 1974 (ERISA), 29 USC ' 1001 et seq.

While individual policies are traditionally governed by applicable state common law contract principles, ERISA preempts any and all state laws “insofar as they may now or hereafter relate to” a covered disability plan, and such state laws encompass “all laws, decisions, rules, regulations, or other state actions having the affect of law, of any State” as well as statutory provisions and common law claims. See 29 USC '' 1144(a) & 1144(c)(1). Thus, disability insurance encompassed within ERISA carries with it a mass array of federal statutory and decisional law.

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