The Courthouse – The Hope for ERISA
Insurers are particularly bold when ERISA is involved because of all the advantages it provides, and most major insurers have developed a litigation strategy designed to be as recalcitrant and difficult as possible. When you file a lawsuit against them, they will attempt to bury your attorneys in work if you try to conduct any discovery and they will try to drag the entire process out as long as they can. Because most plaintiff’s work is not paid hourly, this is meant to make it so the case will only be profitable to the plaintiff’s lawyer if the insured client (you) take an early cut-rate settlement that gives you a fraction of what you are owed in exchange for giving up all of your rights.