MIAMI – A former employee of Tyco International Management alleges his disability benefits were wrongfully terminated.
Niels Foster filed a complaint on April 6 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 he has been disabled since Feb. 7, 2012, and was approved to receive benefits from the defendant. The suit states the benefits were terminated in 2015 on the defendant's claim the plaintiff is not disabled.
The plaintiff holds The Prudential Insurance Co. of America responsible because the defendant allegedly failed to properly and adequately investigate the merits of his disability claim and failed to provide a full and fair review.
The plaintiff requests a trial by jury and seeks payment of disability benefits, immediate reinstatement to the long-term disability benefit plan, award for all costs and attorneys’ fees, interest and such other just and proper relief. He is represented by Victor Peña and Gregory Michael Dell of Attorneys Dell & Schaefer Chartered in Hollywood.
U.S. District Court for the Southern District of Florida Case number 1:17-cv-21305