SAN DIEGO – A San Diego County woman alleges her insurer denied her disability benefits and misrepresented the policy.
Chelsea Federio filed a complaint on Nov. 22 in the U.S. District Court for the Southern District of California against Liberty Life Assurance Co. of Boston alleging breach of contract and insurance bad faith.
According to the complaint, the plaintiff alleges that on July 15, 2008, she purchased a long-term disability insurance policy from defendant. She alleges on Sept. 10, 2014, she became disabled and continues to be disabled within the terms of her insurance policy but on May 10, the defendant denied her claim for disability benefits. As a result, she alleges she has suffered a loss of policy benefits at approximately $21,300 plus accumulated interest, with continuing monthly benefits of $3,363.51 per month plus interest.
The plaintiff holds Liberty Life Assurance Co. of Boston responsible because the defendant allegedly failed to promptly, adequately and fairly investigate the claim; misrepresented the terms and conditions of the policy and pertinent facts; caused plaintiff to incur legal fees to enforce the insurance contract and denied a valid claim without sufficient cause.
The plaintiff requests a trial by jury and seeks judgment against defendant, special damages in an amount according to proof plus interest, attorneys' fees, damages for emotional distress, punitive damages, costs of suit and other relief as the court deems proper. She is represented by Virgil A. Iler and Brooks L. Iler of Iler & Iler LLP in San Diego.
U.S. District Court for the Southern District of California Case number 3:16-cv-02860