A lawyer from Colorado just filed a federal lawsuit in Federal Court of Colorado against the Life Insurance Company of North America (LINA). The Plaintiff, Carl E., was employed by Asurion. This made the Plaintiff eligible and covered by a group disability insurance plan provided by Asurion and administered and funded by LINA.
In Carl E. v. Life Insurance Company of North America, Plaintiff filed this disability lawsuit in order to regain the long-term disability benefits that were wrongfully terminated by LINA.
Case Facts Against LINA
Plaintiff was employed by Asurion from December 1, 2006 until July 3, 2009. On this date, Plaintiff became unable to work due to coronary artery disease, HIV, depression, paroxysmal atrial fibrillation, and the side effects of medication taken to combat these illnesses. Plaintiff filed a timely application for disability benefits.
Termination of Long-Term Disability Benefits by LINA
On or about November 10, 2009, LINA contacted Plaintiff to inform him he would no longer receive disability benefits and that his ERISA claim had been denied. Plaintiff filed for a review of the denial on or about December 14, 2009. However, on or about April 6, 2010, LINA upheld its original denial. Due to exhausting all administrative remedies, Plaintiff has filed this ERISA lawsuit against LINA.
Long-Term Disability Benefit Termination Lawsuit Filed By Plaintiff
According to the terms of the lawsuit, Plaintiff claims that LINA committed the following wrongful actions against the Plaintiff:
- Interpreting the terms of the Plan to mean that capable of performing the material duties of Plaintiff’s employment as it was performed in the national economy and not as it was performed by the insured
- Interpreting the terms of the Plan is arbitrary, capricious, and in error
- Interpreting the terms of the Plan in a more stringent manner than what was originally intended when the terms of the Plan were written
- Terminating the Plaintiff’s long-term disability benefits based on this stringent interpretation of the terms of the Plan
- Terminating the Plaintiff’s long-term disability benefits even when the Plaintiff’s condition meets the stringent interpretation of the terms of the Plan, as the Plaintiff cannot perform the duties of his employment even as it is performed in the national economy
- Giving insufficient notice of the denial of Plaintiff’s long-term disability benefits
- Failing to inadequately state the reasons why the Plaintiff’s long-term disability benefits were terminated
Following Relief Sought By The Plaintiff In This Lawsuit
Due to the wrongful actions committed by LINA, the Plaintiff seeks the following compensation from the Court:
- A judgment against LINA to pay all benefits owed to the Plaintiff
- A judgment against LINA to pay all accrued interest that has accumulated on the benefits owed to the Plaintiff
- A judgment against LINA to reinstate the eligibility of the Plaintiff for future long-term benefits
- A judgment against LINA to pay all future long-term benefits to the Plaintiff for as long as Plaintiff remains eligible under the terms of the Plan
- A judgment against LINA to pay all reasonable attorney fees
- A judgment against LINA to pay all court costs associated with the filing of this lawsuit
- A judgment against LINA to pay all other relief that the Court finds to be fair and just