PENSACOLA – A Massachusetts man has filed suit against his insurance company alleging it wrongfully terminated his disability benefits.
Christopher A. Resultan filed a complaint on Aug. 5 in the U.S. District Court for the Northern District of Florida, Pensacola Division against Life Insurance Co. of North America alleging that the insurance company violated the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that he became totally disabled due to a functional movement disorder on July 18, 2010. The suit states he applied for disability benefits and was then approved by defendants, but on Nov. 5, 2014, the defendant terminated benefits. Plaintiff appealed said termination, but defendant upheld its previous denial, the suit states.
The plaintiff holds Life Insurance Co. of North America responsible because the defendant allegedly derogated his right to waiver of premium benefits and failed to uphold the provisions of ERISA.
The plaintiff requests a trial by jury and seeks judgment against the defendant for all benefits owing at the time of said judgment, interest, attorney’s fees, costs of this suit and all other relief deemed just 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 3:1-cv-00388