MIAMI – A man is suing his insurance company over claims it wrongfully denied his claim for disability benefits.
Roger Decker filed a complaint on March 2 in the U.S. District Court for the Southern District of Florida against Life Insurance Co. of America alleging that the insurance company wrongfully violated the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that he has not received his long-term disability benefits since 2014, despite appeals. The plaintiff holds Life Insurance Co. of America responsible because the defendant allegedly failed to provide a timely response to his appeal, failed to make timely determination on his claim, failed to render decision within the statutory imposed deadline and breached the plan policy.
The plaintiff seeks the following: an order declaring that he is entitled for immediate reinstatement to the plan; compensation for disability benefits due, attorneys’ fees and costs, prejudgment and post-judgment interest; and any further relief that the court may deem just and proper. He is represented by Stephen F. Jessup of Attorneys Dell & Schaefer Chartered in Hollywood.
U.S. District Court for the Southern District of Florida Case number 1:16-cv-20769