SAN DIEGO – A man is suing United of Omaha Life Insurance Company alleging it wrongfully terminated his disability benefits.
John R. Fritch filed a complaint on Sept. 29 in the U.S. District Court for the Southern District of California against United of Omaha Life Insurance Co. alleging that the plan administrator violated the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that beginning January 2015, he received benefits under the defendant's long-term disability plan. The suit states he was notified by the defendant that his disability benefits would cease on Jan. 22 on the defendant's conclusion that plaintiff could return to his prior occupation, but the plaintiff alleges he is still disabled and cannot return to w
The plaintiff holds United of Omaha Life Insurance Company responsible because the defendant allegedly breached its fiduciary duties through wrongful termination of plaintiff's benefits and failed to consider the certification of plaintiff's disability from his treating physician.
The plaintiff requests a trial by jury and seeks judgment in his favor, unpaid plan benefits, attorneys’ fees, costs of suit and further relief as the court may deem proper. 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 3:16-cv-02448