Join attorney Evan Schwartz as he presents the legal issues and practical considerations for any practitioner commencing a lawsuit to obtain a client's long term disability insurance benefits. Mr. Schwartz discusses pre-suit evaluation and considerations, understanding the policy or policies at issue, the concerns regarding choice of forum and potential applicability of ERISA, and the issues to be considered and handled during the course of these unique lawsuits.
I. Recognize the policies at issue, including ERISA applicability and consequences
II. Identify the issues, goals, and credibility of your client
III. Comprehend rescission evaluation
IV. Appreciate the impact of choice of forum and choice of law
V. Understand the importance of the litigation process, including the Cause of Action, discovery, selection of experts, and trial
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