FRESNO — A man is suing Unum Life Insurance Co., insurer, citing alleged violation of the Employee Retirement Income Security Act (ERISA).
Gerald Lipelt filed a complaint on Oct. 12, in the U.S. District Court for the Eastern District of California against the defendant alleging that it breached its duty of good faith and fair dealing.
According to the complaint, the plaintiff alleges that, in 2013, he was unable to perform his regular occupation because of his neck and back problems and a partially successful surgery. Subsequently, the plaintiff filed a claim for disability benefits in March 2015. Although very limited benefits were paid to plaintiff, payments were abruptly terminated in April 2015 despite no change in his condition.
The plaintiff holds Unum Life Insurance Co. responsible because the defendants allegedly failed to send plaintiff to an independent medical examiner, terminated benefits of plaintiff without adequate reason, and refused to pay or restore plaintiff’s long-term disability benefit payments.
The plaintiff requests a trial by jury and seeks judgment against defendant, declaratory relief, attorneys' fees, costs of suit, and other relief as the court deems just. He is represented by Julia Campins and Hillary Benham-Baker of Campins Benham-Baker LLP in Lafayette.
U.S. District Court for the Eastern District of California Case number 2:16-cv-02433