OCALA – A Lake County man alleges his insurance company wrongfully denied long-term disability payments.
Michael McCarthy filed a complaint on May 5 in the U.S. District Court for the Middle District of Florida, Ocala Division against Life Insurance Co. of North America (LINA) alleging that the plan fiduciary allegedly violated the Employee Retirement Income Security Act and breach of contract.
According to the complaint, the plaintiff alleges that on April 15, 2015, he made a timely application for disability benefits under the plan and finalized his appeal on Jan. 5. He alleges he has suffered damages for not receiving his benefits. The plaintiff holds LINA responsible because the defendant allegedly denied his application for disability benefits on July 10, 2015. The suit states that no decision or notification that an extension is necessary has been communicated to him or his counsel.
The plaintiff requests a trial by jury and seeks judgment against defendant for all benefits due and owing, prejudgment interest, attorney's fees, costs and all other relief that the court deems just and proper. He is represented by Nick A. Ortiz of Ortiz Law Firm in Pensacola.
U.S. District Court for the Middle District of Florida, Ocala Division Case number 5:16-cv-00316