SAN JOSE – A Santa Clara County alleges his claims for disability benefits were unlawfully denied.
Nicholas Zakas filed a complaint on Jan. 25 in the U.S. District Court for the Northern District of California, San Jose Division against The Guardian Life Insurance Co. of America and Box Inc. Health and Welfare Plans citing the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that on May 6, 2016, he suffered a loss of plan benefits upon defendants' denial of his claims for short-term and long-term disability benefits.
The plaintiff holds The Guardian Life Insurance Co. of America and Box Inc. Health and Welfare Plans responsible because the defendants allegedly denied plaintiff's short-term disability benefit payments and deliberately ignored his long-term disability claim, failed to provide a prompt and reasonable explanation of the basis relied on for denial of plaintiff’s claims for benefits, failed to properly and adequately investigate the merits of plaintiff’s claim, and failed to adequately describe to plaintiff any additional material or information necessary to perfect his claim.
The plaintiff seeks payment of disability benefits due, declaratory relief, payment of all costs, attorneys’ fees, and interest, and further relief as the court deems just. He is represented by Glenn R. Kantor, Corinne Chandler and Andrew M. Kantor of Kantor & Kantor LLP in Northridge.
U.S. District Court for the Northern District of California Case number 5:17-cv-00384