The hottest issue in ERISA law just got a little hotter now that a federal judge in Philadelphia has refused to follow a colleague’s recent decision that said ERISA plaintiffs can also pursue a claim under Pennsylvania’s bad faith statute.
The first decision, handed down July 30 by Senior U.S. District Judge Clarence C. Newcomer in Rosenbaum v. UNUM Life Insurance Co., was a major victory for plaintiffs because it held that workers can now seek punitive damages when suing the insurer that provides their benefits.
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