Chapter 22 - CHAPTER 22 ERISA PREEMPTION OF BAD FAITH CLAIMS

• Jurisdiction: Colorado

Chapter 22 ERISA PREEMPTION OF BAD FAITH CLAIMS

SYNOPSIS

§ 22.1 NO ISSUE OF PREEMPTION UNLESS AN ERISA PLAN EXISTS

§ 22.2 NO ERISA PREEMPTION UNLESS CLAIMANTS ARE "EMPLOYEES"

§ 22.3 APPLICATION OF THE "SAVING CLAUSE" TO COLORADO'S LAW OF BAD FAITH

§ 22.4 ERISA PREEMPTION UNDER COLORADO STATUTES

§ 22.5 VIABILITY OF POLICY-IMPOSED STATUTES OF LIMITATION

Many people in Colorado and throughout the United States receive health insurance coverage through employer-sponsored plans, rather than through individual or private health insurance plans. Insurance claims that arise out of employee benefit plans are generally covered by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001, et seq. If an insurer denies a claim under an ERISA plan, only limited statutory remedies are available. Moreover, if a...