Recently, in the case of Laser & Cosmetic Dermatology S.C and Jawdat Abboud Vs. Guardian Life Insurance Company Of America, Berkshire Life Insurance Company of America filed at the District Court for Northern Illinois Eastern Division, the plaintiff Jawdat Abboud through his disability attorney alleged that the Berkshire Life Insurance Company of America (a subsidiary of Guardian Life Insurance Company Of America) had caused him and his business to suffer damages due to the Berkshire Life Insurance Company of America (Berkshire) wilful conduct in constructively denying the plaintiff’s disability claim benefits due under the insurance policies that he purchased and contracted from Berkshire.
The Facts Of The Case
The plaintiff in this case was a medical doctor who had purchased two policies from Berkshire under his capacity as an individual and under his capacity as CEO for his practice, the Laser & Cosmetic Dermatology S.C. on June 11th 2009. The policies promised to pay the plaintiff disability benefits if he became disabled under the terms of the policy as an individual and as the CEO of Laser & Cosmetic Dermatology S.C.
On August 2010, the plaintiff informed Berkshire that he was suffering from a medical disability resulting in him being unable to perform many of his occupational duties.
Repeated Demands for Documentation by Berkshire
The plaintiff alleged in the lawsuit that what followed after his claim for disability benefit was a year long obstacle ridden path in trying to collect his disability benefits from Berkshire. The plaintiff also alleged that although he provided Berkshire the requisite documentation, he was constantly being told that the documents needed to be supplemented. The plaintiff stated that on January 21, February 14 & March 11, 2011, formal requests were made to Berkshire asking them to act on his claim.
Nevertheless, on April 2011 another request for documents was made by Berkshire. This was followed with repeated telephone conversations and emails and cumulating with a letter from Berkshire dated June 9, 2011 stating that the documents submitted were still not satisfactory. As a result of Berkshire’s persistent demands for additional information, the plaintiff decided to file a lawsuit against Berkshire at the District court for Northern Illinois on June 28, 2011.
Alleged Legal Grounds for the Lawsuit Against Berkshire Life Insurance
The plaintiff alleged that Berkshire had breached the contracts of insurance between him and Berkshire through their failure to pay him disability benefits under the above mentioned policies. As a result of the breach of contract the plaintiff stated that he had to file for bankruptcy, suffered a loss of income, incurred debts and suffered emotional stress.
Relief Sought By The Plaintiff and his Attorney In The Lawsuit
Due to the actions of Berkshire, the plaintiff is seeking from the Court the following relief:
- A declaration that Berkshire is contractually obligated to pay the plaintiff monetary insurance benefits.
- Judgement against Berkshire for actual, general, special, compensatory damages in the amount of $1,080,000.
- Judgement against Berkshire for punitive damages in the amount of $200,000.
- An award for Attorneys’ fees and Costs
- An award for such other relief deemed to be just and equitable by the Court.