Legal Question in Civil Litigation in Florida
Presuit discovery on ERISA benefits plan.
We have a question as to how an ERISA benefits plan pays benefits for an insured who is also on Medicare. We have made a formal request for an explanation of how reimbursements are calculated, which the company answered inadequately. We then asked for a copy of the plan documents and the company has not replied. May we invoke a presuit discovery proccedure (under Florida law) to get the information to determine if we should file suit? If so, where might we find rules pertaining to the proper procedure for presuit discovery? Thank you in advance for your assistance.
2 Answers from Attorneys
ERISA complaint
ERISA is a compliceted area. Before you try battle with the carrier I would recommend a complaint to the Florida Department of Insurance. They have some good people and can require the carrier to pay your bills properly. If that doesn't work you should consider contacting an attorney as ERISA suits are almost always in federal court
ERISA information
Federal law provides for attorney's fees andcosts to get the information you have requested.You should explore that option. The FloridaRules of Civil Procedure do provide forpre-trial discovery. I strongly suggest youget an attorney to assist you.
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