Kresich v. Metropolitan Life Insurance Company (MetLife) is a federal case out of the Northern District of California favorable to a plaintiff who was harassed, accused of lying and oppressed during the processing of his disability claim. Because of MetLife’s conduct, the plaintiff sued for intentional infliction of emotional distress (IIED). Despite MetLife’s vigorous argument that the claim was preempted by ERISA and the plaintiff could not pursue his tort action, the court disagreed and found in favor of the plaintiff. Relying on precedent, the court stated “Plaintiff’s IIED claim stems not from the handling and disposition of his claim, but from independent allegations of harassment and oppressive conduct. There is no alternative enforcement mechanism under ERISA by which Plaintiff could bring such a claim.”
Continue Reading California Judge Allows Lawsuit for Intentional Infliction of Emotional Distress Due to Manner in Which MetLife Investigated Disability Claim
Metlife
Disability lawyers discuss latest trends seen in Metlife handling disability claims
Posted on
Posted in Metlife
Watch Gregory Dell and Cesar Gavidia discuss about Metlife’s handling of ERISA and private disability claims.
Texas Disability Lawyers Expose the Insurance Company Shell Game In Another AT&T Disability Denial
Posted on
Posted in Metlife, Sedgwick Claims
Disability insurance policies can confuse even the most knowledgeable policy holders. Who is the right party sue in an AT&T Disability denial?
Continue Reading Texas Disability Lawyers Expose the Insurance Company Shell Game In Another AT&T Disability Denial
This Week on DIAttorney.com (05/26/2012)
Disability Blog & Cases:
California Federal Court Finds That MetLife Abused Its Discretion And Awards Financial Analyst Long-Term Disability Benefits
Shelia W. and her California disability lawyer prevailed in a lawsuit against MetLife when the United States District Court of the Southern District of California found the insurer to have abused its discretion when it…
This Week on DIAttorney.com (05/12/2012)
Posted on
Posted in Berkshire / Guardian, Metlife
Disability Blog & Cases:
New York Federal Court Denies MetLife’s Motion To Dismiss Lyme Disease Victim’s Petition For Disability Benefits
In the case of Karen N. v. Metropolitan Life Insurance Company et. al, the United States District Court of New York, after hearing arguments from both sides regarding MetLife’s Motion to Dismiss the case…
This Week on DIAttorney.com (05/05/2012)
Posted on
Posted in Metlife, Unum / Provident / Paul Revere
Disability Blog & Cases:
Eastman Chemical Company Employee Loses Lawsuit Against MetLife for Disability Benefits
In a case recently decided by an Arkansas Federal Court, MetLife prevailed in a lawsuit filed by an Eastman Chemical Company Employee. Ultimately, due to video surveillance, a lack of medical support, and the fact that the claimant had continued working…
This Week on DIAttorney.com (04/21/2012)
Posted on
Posted in Metlife
Disability Blog & Cases:
Minnesota Disability Claimant Filed Suit Against Employer Over Terminated Disability Benefits
A Minnesota Federal Court recently ruled against a claimant and in favor of the employer with regards to disability benefits. This case is a poignant reminder that even after being on claim for nearly 7 years, a claimant can be denied…
Disability Insurance Benefit Lawsuit Against Metlife Is Dismissed Due To Claimant’s Failure To Comply With Time Deadlines
Posted on
Posted in Metlife
Connie White waited more than five years to file a lawsuit against MetLife for denial of her disability benefits. The law in Louisiana only provided Ms. White 5 years to file her legal action. The district court dismissed her disability claim and the 5th Circuit court of appeals affirmed the denial. Disability insurance claimants need…
This Week on DIAttorney.com (04/09/2011)
Posted on
Posted in Metlife
Disability Insurance Law TV:
Deposition of medical consultant hired by MetLife for a disability insurance claim
It’s hard to imagine that a person that a person undergoes a 5 level surgical fusion procedure and does not have any restrictions or limitations. That was the position taken by a medical consultant hired by MetLife. The physician…
This Week on DIAttorney.com (03/19/2011)
Posted on
Disability Blog & Cases:
Disability lawsuit against MetLife alleges insurance company refuses to pay disabled claimant
The Metropolitan Life Insurance Company, known as MetLife (NYSE: MET), is being sued in United States District Court, Southern District of Florida, for refusing to honor its contractual obligation to pay long term disability insurance benefits to a psychologically…