A California disability lawyer has recently filed a federal lawsuit in a district court in California against Liberty Life Assurance Company of Boston (Liberty Life). The Plaintiff, Kimberly S., worked as a registered nurse at the University of California at Davis (UC Davis). Being employed by UC Davis, Plaintiff was covered by its Supplemental Disability Insurance Plan, which was funded and administered by Liberty Life.
In Kimberly S. v. Liberty Life Assurance Company Of Boston, Plaintiff has filed a lawsuit to regain the benefits that were abruptly and wrongly terminated by Liberty Life.
Case Facts Against Liberty Life
Plaintiff worked as a registered nurse at the University of California at Davis until on or around September 29, 2009, when Plaintiff suffered a loss compensable under the terms of the Plan. Due to physical sickness, she was unable to perform the material and substantial duties of a registered nurse, requiring her to take a disability leave. Plaintiff submitted a long-term disability claim to Liberty Life, which was approved and began taking effect on September 29, 2009.
Termination of Long-Term Disability Benefits By Liberty Life
Effective September 28, 2011, Liberty Life wrongfully terminated Plaintiff’s long-term disability benefits. Liberty Life claims this was due to its conclusion that Plaintiff’s disability was due to a mental condition, making the payment of benefits subject to 24-month benefit limitation period.
Lawsuit Filed Against Liberty Life By California Disability Lawyer
In this lawsuit, Plaintiff claims that Liberty Life committed the following wrongful actions against the Plaintiff:
- Improperly concluded that Plaintiff’s disability was caused by a mental condition, not due to physical sickness
- Denied benefits that Plaintiff was entitled to under the terms of the Plan
- Plaintiff has suffered contractual damages under the terms and conditions of the Plan, and will continue to do so, as Liberty Life has not changed its position
- Plaintiff will suffer additional financial damage due to the loss of accumulated interest from unpaid benefits, other incidental damages, and out-of-pocket expenses
- Not providing Plaintiff with a prompt and reasonable explanation of the basis why it denied Plaintiff benefits despite medical evidence submitted to Liberty Life
- Unreasonably delaying payments to Plaintiff in bad faith when Liberty Life knows that Plaintiff’s claim for benefits is valid under the terms of the Plan
- Failing to properly evaluate Plaintiff’s claim for long-term disability benefits
- Applying the Policy terms in such a way as to limit the amount of financial exposure and contractual obligations that Liberty Life would be responsible for to the Plaintiff, thereby increasing its own profits in the process
- Forcing Plaintiff to file this lawsuit in order to obtain the benefits that are rightfully hers under the terms of the Plan
Plaintiff Seeks Following Relief From Liberty Life Via Court Ruling
Due to Liberty Life’s actions against the Plaintiff, Plaintiff seeks following remedies from the Court:
- A judgment that requires Liberty Life to pay for full benefits that have not been paid, including accrued interest. This amount will be more than $3,000.00 per month
- A judgment that requires Liberty Life to pay all future interest so long as the Plaintiff meets the definition of disability as defined in the terms of the Plan
- A judgment that requires Liberty Life to pay for general damages stemming from mental and emotional distress. This amount will be in the sum of $1,000,000.00
- A judgment that requires Liberty Life to pay punitive and exemplary damages in the amount of over $5,000,000.00
- A judgment that requires Liberty Life to pay triple the amount of punitive damages
- A judgment that requires Liberty Life to pay all reasonable attorneys’ fees related to this lawsuit
- A judgment that requires Liberty Life to pay all associated court costs
- A judgment that requires Liberty Life all other relief that the Court decides to be fair and just
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.