In this post, we discuss the ERISA claim process, appealing your ERISA claim, filing an ERISA complaint, when to hire an attorney, and more. Plaintiff NAIFADallas is a NAIFAmember local chapter representing approximately 275 insurance agents in the Dallas metropolitan area.Dallas and Fort Worth insurance lawyers need to understand how ERISA policies are different from other types of policies. We advise plan fiduciaries to engage in a reasoned decisionmaking process, consistent with ERISA Section 404(a)'s prudent man standard of care. Then the Court concludes this section with discussing the effect of ERISA preemption on Plaintiff's statelaw negligentmisrepresentation claim. Knowing what laws govern your insurance claim is the first step in the process of fighting an unfair denial. For an element of that claim. 73 For example, in a negligence case, it is sufficient to state that there is no evidence of duty, breach, or causation. Of Section 3(7) of ERISA, 29 U.S.C. § 1002(7), in the Employer Long Term. Disability Plan (the "LTD Plan"). 5.