Can an insured sue for future policy benefits and attorney’s fees insured when suing an insurer for long-term care disability benefits?

When a claimant brings a claim against an insurance company or a lawsuit, they are going to ask primarily for their past due benefits and that benefits be instated on an ongoing basis. However, to answer the question, an insurance company cannot be mandated to pay all future benefits. That’s because there could be changes in the claimant’s medical condition and they could improve at any time. So the most that a court could award is the back due benefits that are awarded under the policy.

Now, as for attorney’s fees, it really depends on the type of claim. If it’s part of a group plan, and you bring a claim under the employee retirement income and securities act in 1974 or ERISA for short, then ERISA does allow for an award of attorney’s fees in the event that a claimant wins their case. However, if it’s an individual case, typically it’s brought under state law claim, and you cannot make a claim for attorney’s fees unless attorney’s fees are allowable under the policy. But you need to look at the terms of your insurance contract for sure.