Strategies for Enforcing the Mental Illness Limitation under De Novo Review
Apr 15, 2016
DRI ERISA Report, Volume 11 Issue 1
Today’s ERISA disability policies almost universally contain limitations capping payment on disability claims that involve mental illness.These limitations serve to provide a framework of expectations to both
policyholders and insureds for disabilities that are otherwise amorphous and difficult to adjudicate from
a claims perspective. Needless to say, mental illness limitations are extremely unpopular with the ERISA plaintiff’s bar once litigation commences.