An Illinois disability attorney recently filed a federal lawsuit against the Guardian Life Insurance Company of America. The plaintiff had contracted with Guardian Life to provide disability income insurance. Plaintiff filed a disability lawsuit to recover disability benefits that were wrongfully withheld by Guardian.

The Facts of the Case Against Guardian Life Insurance Company Of America

"Total Disability" in the Plan is defined by the following:

"Due to sickness or injury, you are not able to perform the major duties of your occupation."

Plaintiff became disabled in December 2009, suffering a severe shoulder injury that required surgery. This has restricted him from performing the physical duties that he performed before the injury occurred.

Plaintiff sent a timely application for benefits and submitted proof of loss, including a certification of his disability by an attending physician. Other documentation that was requested by Guardian was also provided.

Guardian was to provide monthly disability income benefit payments to Plaintiff if he ever became disabled. The monthly payments were to be for $2,160, plus the cost of living benefits in the event of Total Disability. This policy has been in effect since May 22, 1989 and continues to remain in full force and effect due to all of the premiums being paid on time.

Denial of Guardian Disability Benefits Claim

Despite the submission of the materials above, Guardian continued to ask for additional documentation and failed to approve Plaintiff’s claim as of July 25, 2011.

Disability Lawyer Files Lawsuit Against Guardian

According to the lawsuit, Plaintiff claims the following:

  • Guardian is in breach of the contract of insurance
  • Guardian owes Plaintiff total disability payments under Policy No. G509736-4, corresponding to 3 months after the date of loss
  • Guardian also owes for cost of living adjustments since that time
  • A declaratory judgment should be granted that declares Plaintiff is entitled to monthly benefits as long as Plaintiff continues to meet the terms and conditions of the insurance policy

Relief Sought By Plaintiff In Guardian Lawsuit

Due to Guardian’s actions, Plaintiff asks for the following from the Court:

  • All benefits owed to the Plaintiff, along with accrued interest
  • Declaration that Plaintiff is entitled to all future benefits so long as Plaintiff meets the standard for being totally disabled in the Plan
  • All other relief that the Court finds just and proper 

About the author: Gregory Michael Dell is an attorney and managing partner of the disability income division of Attorneys Dell & Schaefer. Mr. Dell and his team of lawyers have assisted thousands of long-term disability claimants with their claims against every major disability insurance company. To request a free legal consultation call 800-411-9085.