PENSACOLA – A Massachusetts man alleges his insurer breached their contract when it wrongfully terminated his disability benefits.
Timothy P. O'Leary filed a complaint on Aug. 5 in the U.S. District Court for the Northern District of Florida, Pensacola Division against Aetna Life Insurance Co. alleging breach of contract and violation of the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that on July 11, 2006, he became totally disabled due to disfiguring kyphosis, traumatic brain injury, thoracic spondylosis and other impairments. The suit states he applied for and received benefits from Jan. 9, 2007, until May 12, 2015, when they were terminated by the defendant.
The plaintiff holds Aetna Life Insurance Co. responsible because the defendant allegedly denied him claims for waiver of premium benefits, failed to produce the administrative record in a timely manner and violated ERISA by refusing to provide required information about employee benefits.
The plaintiff requests a trial by jury and seeks judgment against the defendant for all benefits owing at the time of said judgment, $110 a day from the date the defendant’s failure to produce the administrative record, interest, attorney’s fees, costs of this action, and all other relief deemed just and proper by the court. He is represented by Nick A. Ortiz of Ortiz Law Firm in Pensacola.
U.S. District Court for the Northern District of Florida, Pensacola Division Case number 3:16-cv-00389