Burdens of proof are what you must prove in order to get the benefits that you’re entitled to. A burden of proof is something we’ve heard about in criminal cases for a long time. Beyond a reasonable doubt is a burden of proof. In an ERISA case, your burden of proof is to show that their decision is both arbitrary and capricious. That can be a very hard burden of proof to meet. You might have to prove not only that they made the wrong decision, but they didn’t have any reasonable basis to make that decision. Courts have said that the wrong decision by the insurance company will be allowed and will not be overturned if you can’t prove they didn’t have any reasonable basis to make it. When we get to state law cases, we’re talking about bad faith cases. We’re talking about a preponderance of the evidence standard. That’s a lot easier, no matter what burden of proof you’re up against. Pick up the phone and call us.
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