A California disability lawyer filed a federal lawsuit in Federal Court against The Paul Revere Life Insurance Company (Paul Revere). The Plaintiff, Eric W., DDS, was employed as a dental surgeon and took out an individual long-term disability coverage policy by Paul Revere. The Plaintiff had paid all premiums on time, making him eligible for all benefits covered by the terms of the policy.
In Eric W., DDS v. The Paul Revere Life Insurance Company, Plaintiff has filed this lawsuit to gain the long-term disability benefits that he was entitled to under the terms of the policy and that were wrongfully denied by Paul Revere.
Case Facts Against The Paul Revere Life Insurance Company
The Plaintiff was employed as a dental surgeon. On or before July 12, 2010, Plaintiff suffered a loss equivalent to that described in the terms of the policy. Due to sickness or injury, he was unable to perform all of the material and substantial duties that were required of him as a dental surgeon. This has resulted in a significant loss of the income he would have otherwise generated. As a result, Plaintiff submitted a long-term disability benefits claim.
Denial of Long-Term Disability Benefits By Paul Revere
In October 2011, Paul Revere rejected Plaintiff’s claim for long-term disability benefits. This has deprived the Plaintiff the right to receive the benefits he was entitled to under the terms of the policy.
Disability Attorney Files Lawsuit Against Paul Revere
The lawsuit claims that Paul Revere failed to provide the following to the Plaintiff:
- The long-term disability benefits that the Plaintiff was entitled to under the terms of the policy;
- A prompt and reasonable explanation of the basis upon which Paul Revere denied long-term disability benefits to the Plaintiff;
- Timely payment of the benefits that the Plaintiff should have received under the terms of the policy;
- Properly investigating the Plaintiff’s claim regarding his current condition that led to the filing of his long-term disability claim.
The lawsuit also claims that Paul Revere committed the following wrongful actions against the Plaintiff:
- Caused Plaintiff to suffer contractual damages due to Paul Revere’s failure to pay long-term disability benefits;
- Caused Plaintiff to incur out-of-pocket and other expenses;
- Caused Plaintiff to endure financial hardship;
- Caused Plaintiff to hire litigation in order to pursue a lawsuit to receive long-term disability benefits he should have received according to the terms of the policy;
- Caused Plaintiff to suffer from the lack of paying out benefits, a suffering that will continue until Paul Revere pays out past due benefits;
- Caused Plaintiff to suffer anxiety, worry, mental and emotional distress, and other incidental damages and out-of-pocket expenses;
- Concealed or misrepresented material facts in an attempt to deprive the Plaintiff of long-term disability benefits and legal rights he should have been entitled to according to the terms of the Policy;
- Caused Plaintiff to lose his income, a significant amount of property that was set aside for his personal care and maintenance, and assets that were essential to his health and welfare.
The Following Relief Is Sought By The Plaintiff In This Lawsuit
Due to the wrongful actions committed by Paul Revere, Plaintiff seeks the following relief from the Court:
- Full benefits according to the terms of the policy, including all past due benefits, along with accrued interest. This amount will be over $5,000.00 per month, along with accrued interest;
- General damages for mental and emotional distress and other incidental damages. The sum will be $1,000,000.00;
- Punitive and exemplary damages that exceed $5,000,000.00;
- Triple the amount of punitive damages as allowed under California Civil Code 3345;
- Attorneys’ fees for bringing this litigation to trial;
- All associated court costs;
- All other relief that the Court believes to be just and proper.