SAN JOSE – A Santa Clara County woman has filed a suit against her insurance company alleging it erred when calculating the amount of her long-term disability benefits.
Amy Kinaan filed a complaint on April 12 in the U.S. District Court for the Northern District of California, San Jose Division against Life Insurance Co. of North America (LINA) alleging violation of the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that she is disabled according to the terms of the plan but her pay bonuses were not considered as part of her annual earnings by the defendant, thus reducing the amount of her disability benefits. The plaintiff holds Life Insurance Co. of North America responsible because she alleges this violates the terms of the plan.
The plaintiff seeks an order for the defendant to pay plaintiff long-term disability benefits plus interest, all legal fees and any other relief as the court deems just. She is represented by Michelle L. Roberts and Cassie Springer Ayeni of Springer & Roberts LLP in Alameda and Ruth A. Silver Taube of Silver & Taube in Sunnyvale.
U.S. District Court for the Northern District of California, San Jose Division Case number 5:16-cv-01938-PSG