SAN FRANCISCO – A California woman alleges her disability benefits were wrongfully terminated.
Nancy Fort filed a complaint on Nov. 14 in the U.S. District Court for the Northern District of California against Life Insurance Company of North America and Does 1-10 citing the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that she was employed as a senior employee relations manager at VMware Inc., who sponsored an employee welfare benefit plan to provide long-term disability benefits for qualifying employees, including plaintiff. The suit states on April 8, 2014, while the policy was in full force and effect, she became disabled as a result of migraine headaches, and cervical and lumbar degenerative disc disease with symptoms of radiculopathy, weakness, and neck and back pain. Despite providing notice of her disability and claim to the defendant, and had submitted completed claim forms for benefits, the suit states the defendant denied initial claim for benefits but later on conceded to paying benefits, then again terminating the benefits on Dec. 14, 2015.
The plaintiff holds Life Insurance Co. of North America and Does 1-10 responsible because the defendants allegedly failed to pay disability benefit payments to plaintiff, failed to properly and adequately investigate the merits of plaintiff’s disability claim and failed to provide a full and fair review of plaintiff’s claim.
The plaintiff requests a trial by jury and seeks judgment against defendant, determine entitlement to benefits, attorneys' fees, costs of suit, and further relief as the court may find appropriate. She is represented by Terrence J. Coleman and Michael J. Quirk of Pillsbury & Coleman LLP in San Francisco.
U.S. District Court for the Northern District of California Case number 3:16-cv-06593