SAN DIEGO — A man alleges an insurance carrier wrongly denied his disability claims after he battled a brain tumor.
Eric N. Koch filed a complaint on Aug. 23 in the U.S. District Court for the Southern District of California against Life Insurance Co. of North America, alleging that the insurance company violated the rights of the plaintiff under the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that in October 2012, he was declared disabled due to a brain tumor requiring two resection surgeries and radiation and resulting in permanent damage. The plaintiff claims he was receiving long-term disability benefits from defendant until it ceased payment based on a transferable skills analysis that allegedly said the plaintiff could return to work as a boat dispatcher. The plaintiff holds Life Insurance Co. of North America responsible because the defendant allegedly terminated and denied benefits to the plaintiff.
The plaintiff requests a trial by jury and seeks unpaid plan benefits, attorney's fees, costs of suit and other relief as the court may deem appropriate. He is represented by John P. Stennett and Barbara A. Casino of Stennett & Casino in San Diego.
U.S. District Court for the Southern District of California case number 16-cv-02120