Legal Question in Insurance Law in Virginia

Sue ing the health insurance company

in the state of Virginia can I sue for only the unpaid claim amount or can I tack on lawyer fees, incidental costs, pain and aggravation, etc... Thank you


Asked on 9/26/07, 2:26 pm

1 Answer from Attorneys
John Jackson Law Office of John A. Jackson, P.C.

Re: Sue ing the health insurance company

Most health "insurance" are actually health benefit plans and cannot even be sued in state court. They are governed by a law known as ERISA. This federal prempts state law. If you are successful the health benefit plan would only have to pay the claim.

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Answered on 9/26/07, 3:28 pm


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