A disability attorney recently filed a federal lawsuit against The Ohio National Life Insurance Company. The Plaintiff worked as a Senior Attorney in the Wyeth Pharmaceutical (now Pfizer) Global Business Development Legal Group. Plaintiff purchased a Disability Insurance Policy from Ohio National on May 14, 1999, then purchased another Disability Insurance Policy from Ohio National on September 24, 1999.
The Plaintiff filed a disability lawsuit to recover long-term disability benefit payments that were wrongly withheld by Ohio National.
Facts of the Legal Case Against The Ohio National Life Insurance Company
The Plaintiff worked until June 10, 2008, when she became totally disabled according to the terms of the two Disability Insurance Policies she purchased from Ohio National in May and September 1999.
Plaintiff filed claims on both policies after the required elimination period of 180 days. Ohio National began paying long-term disability benefits on December 2, 2008.
Denial of Further Long-Term Disability Benefits By Ohio National
Ohio National sent a letter to Plaintiff dated March 25, 2010 stating that they would no longer pay long-term disability benefits on either policy. Another denial letter was sent on August 17, 2010.
Plaintiff, through her attorney, made a timely request for a review of Ohio National’s termination decision via a letter dated November 12, 2010. Ohio National agreed to this review via letter dated November 29, 2010.
In a letter dated May 27, 2011, Plaintiff, through her attorney, filed an appeal of Ohio National’s denial of long-term disability benefits. Along with this letter, Plaintiff submitted all medical reports, reports from six independent medical examiners to confirm the Plaintiff’s condition and her inability to work at her own occupation or any occupation, and a sworn affidavit from the Plaintiff herself attesting to why she cannot perform the expected duties of her own occupation as an attorney.
Ohio National responded on August 31, 2011, to which the Plaintiff responded on September 7, 2011. However, Ohio National’s letter never rendered an appeal decision, and still has not to the present time.
Plaintiff has exhausted all administrative remedies, leading to the filing of this lawsuit.
Ohio National Lawsuit Filed by Disability Attorney
In the lawsuit, the plaintiff alleges that Ohio National failed to provide the following to the plaintiff:
- Long-term disability payments as stipulated by the Policy
- Acting in good faith in regards to rendering a decision on Plaintiff’s appeal of Ohio National’s denial of Plaintiff’s claim for long-term disability benefits
- Inappropriate handling practices regarding Plaintiff’s private information
- Covenant of good faith and fair dealing
- Properly evaluating all of the evidence supplied by the Plaintiff in regards to her condition and why she cannot be employed for any sustained period, including the evidence supplied by independent medical experts
Plaintiff claims that Ohio National committed the following wrongful acts:
- Illegal denial of Policy benefits
- Erroneously and capriciously denying Plaintiff’s disability benefits
- Extreme emotional distress
- Considerable financial losses
- Clear violation of the Federal Rule of Civil Procedure No. 5.2(a), requiring redaction of personal information from the Court filings
The Relief Sought By Plaintiff In Ohio National Lawsuit
Due to Ohio National’s actions, Plaintiffs asks for the following relief from the Court regarding the 12 counts against Ohio National, Ohio National Financial Services, Inc., and Ohio National Mutual Holding, Inc.:
- On each of 9 counts, Counts I, II, IV, V, VI, VIII, IX, X, and XII, over $150,000.00 to compensate for the past due disability insurance benefits and the present value of benefits that will be payable in the future, along with interest, attorney’s fees, and court costs
- On each of the other 3 counts, Counts III, VII, and XI, three times the amount of her actual damages, along with interest, reimbursement of court costs, and other relief that the Court deems to be proper and just