MIAMI – A former QuikTrip employee alleges she is disabled and was wrongfully denied long-term disability benefits.
Misty E. Burns filed a complaint on April 11 in the U.S. District Court for the Southern District of Florida against The Prudential Insurance Co. of America alleging that the insurer of benefits violated the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that she became disabled on Nov. 25, 2014, and filed a claim for long-term disability benefits. The suit states that the defendant denied her claim on July 10, 2015. As a proximate result, she alleges she has suffered damages for loss of disability benefits. The plaintiff holds The Prudential Insurance Co. of America responsible because the defendant allegedly wrongfully denied her claim for disability benefits under the employee welfare benefit plan, failed to provide a prompt and reasonable explanation of the basis for the termination of her claim and failed to properly and adequately investigate the merits of her claim.
The plaintiff requests a trial by jury and seeks payment of disability benefits due, all costs and attorneys’ fees, an order declaring that she is entitled to immediate reinstatement to the plan, prejudgment and post-judgment interest and such other and further relief as the court may deem just and proper. She is represented by Alexander A. Palamara and Gregory Michael Dell of Attorneys Dell & Schaefer Chartered in Hollywood.
U.S. District Court for the Southern District of Florida Case number 1:16-cv-21294