MIAMI — A woman is suing Aetna Life Insurance Company, alleging violation of the Employee Retirement Income Security Act (ERISA).
Sharon A. Gunter filed a complaint on Nov. 23 in the U.S. District Court for the Southern District of Florida against Aetna Life Insurance Company, alleging that the plan administrator violated ERISA through non-payment of plan benefits.
According to the complaint, the plaintiff alleges that on May 2, 2014, she was a plan participant under the SRG Global Inc. Group Long Term Disability (LTD) Plan and became disabled under the terms of the LTD plan. She alleges that she thereby made immediate claims for disability benefits, but although the defendant approved and paid benefits starting Oct. 31, 2014, the defendant terminated her benefits beyond Oct. 30, 2015, and when she submitted her request for review of the decision to terminate, the defendant informed her that no further appeals would be considered.
The plaintiff holds Aetna Life Insurance Company responsible because the defendant allegedly failed to pay plaintiff her entitled disability benefits, failed to provide a prompt and reasonable explanation of the basis of denial, and failed to adequately provide any additional material or information necessary for the plaintiff to perfect her claim.
The plaintiff requests a trial by jury and seeks judgment against the defendant, payment of disability benefits due, an order declaring immediate reinstatement to the plan, payment of all costs and attorneys’ fees, interest and further relief as the court deems just. She is represented by Alexander A. Palamara and Gregory Michael Dell of Attorneys Dell and Schaefer, Chartered in Hollywood.
U.S. District Court for the Southern District of Florida Case number 16-cv-24902