Attorneys Dell & Schaefer has filed a long-term disability breach of contract lawsuit in federal court against Conneticut General Life Insurance Company (“Connecticut General”) seeking lifetime disability benefits. Our client, a former floor trader on the American Stock Exchange, was disabled due to bipolar disorder, a sickness, from March 1995 until April 2006. In 2004, while our client was totally disabled due to his bipolar disorder, he suffered a hernia injury while carrying a television to his car. Our client’s disability policy has been administered by MetLife insurance company, which means that MetLife made the decision to deny his benefits as of age 65.
In the days and weeks that followed our client’s hernia injury, our client underwent horrific pain and discomfort, ultimately leading him to have surgery to repair the hernia. After an initial surgery which failed to repair the hernia, he underwent a second surgery with doctors in New York City, and then a third, none of which ever relieved all of his pain and discomfort. Our client’s Connecticut General long-term disability policy provided that benefits would be paid to either age 65 for sickness or lifetime for a disability resulting from an accidental bodily injury. MetLife has taken the position that our client is disabled by a sickness and therefore only entitled to benefits until age 65.
In October 2004, our client notified MetLife of his disability resulting from a right inguinal hernia and provided more than sufficient proof to MetLife that he could not perform his former duties as a floor trader on the floor of the American Stock Exchange due to his accidental hernia injury. Despite the abundance of medical evidence supporting his disability claim, and the clear and convincing evidence that his hernia injury resulted from an accident, MetLife was no convince that his hernia was caused by an accidental injury.
Our client initially sought the assistance of an attorney whose practice did not focus in disability insurance. The previous attorney assisted our client with the filing of a civil remedy notice of insurer violation with the State of Florida Department of Financial Services but ultimately advised that she could not litigate against insurance companies the likes of MetLife or Connecticut General. Attorneys Dell & Schaefer have filed a lawsuit and we will have the burden of proving that our client’s hernia was caused by an accidental injury resulting in total disability. If successful, our client, a 61 year old, will continue to be eligible for benefits for the rest of his life.