tag:blogger.com,1999:blog-694967215978644381.post492662794932967818..comments2023-10-28T02:14:23.579-07:00Comments on The Problem is ERISA: Confessions of a money-grubbing, lazy, greedy capitalist tool – you know, the type of person who dislikes insurance companiesRichhttp://www.blogger.com/profile/12169789652349221427noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-694967215978644381.post-9484343100388639892009-10-11T09:37:21.409-07:002009-10-11T09:37:21.409-07:00Under ERISA you have your wish, as the statute pro...Under ERISA you have your wish, as the statute provides for the court to award attorney fees to either party, not just the claimant. Now you may be disappointed to realize that in practice it is rare for a claimant to be ordered to pay the insurer's fees, because one of the factors entering into the judge's determination is the ability of the adverse party to pay the fee award. As you might imagine, whereas an insurance company virtually always has the ability to pay an award, a claimant whose disability benefits have been denied, for instance, rarely has that ability. But in any case the law is as you would like it to be; the attorney fee provision is bilateral.Richhttps://www.blogger.com/profile/12169789652349221427noreply@blogger.comtag:blogger.com,1999:blog-694967215978644381.post-76837942447048137372009-10-10T16:49:23.131-07:002009-10-10T16:49:23.131-07:00I agree with this criticism; we should have loser ...I agree with this criticism; we <i>should</i> have loser pays, so that the insured's attorneys fees don't come out of his award. Of course, I'm sure you agree with the corollary: that when you bring a meritless claim, you should pay the insurance company's legal fees.David Nieporenthttps://www.blogger.com/profile/06437009739704663939noreply@blogger.com