SAN FRANCISCO – A Clayton man alleges his insurer has not made a decision on a claim for disability benefits he submitted almost three years ago.
John Kresich filed a complaint on Jan. 19 in the U.S. District Court for the Northern District of California against Metropolitan Life Insurance Co. and Does 1-50 citing the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that he suffered and still suffers from severe chronic back pain from spinal arthritis that forced him to discontinue working on March 12, 2014. He alleges he filed a claim for benefits with the defendant on Sept. 10, 2014, and that the defendant still has not made a decision on his claim.
The plaintiff holds Metropolitan Life Insurance Co. and Does 1-50 responsible because the defendants allegedly failed to properly communicate with the plaintiff at a timely manner, failed to properly and adequately investigate the merits of plaintiff’s disability claim.
The plaintiff requests a trial by jury and seeks judgment in his favor, declaratory relief, render the defendant to make an immediate decision on his claim, payment of benefits, attorneys' fees, costs of suit, and other relief as the court deems just. He is represented by Ray Bourhis and Eric Whitehead of Ray Bourhis Associates in San Francisco.
U.S. District Court for the Northern District of California Case number 4:17-cv-00284