SAN FRANCISCO – A physician alleges that his insurer breached its fiduciary duties by wrongfully terminating his disability benefits.
Bruce Filarsky, M.D. filed a complaint on May 1 in the U.S. District Court for the Northern District of California against Life Insurance Co. of North America alleging violation of the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that in 2015, he became disabled and was initially approved to receive disability benefits. The suit states the benefits were terminated in December 2015. The plaintiff holds Life Insurance Co. of North America responsible because the defendant allegedly terminated plaintiff's disability benefits based on its claim that he no longer met the definition of disability under the terms of the plan.
The plaintiff seeks payment all long-term disability benefits due to the plaintiff plus interest, declare plaintiff's rights to receive future disability benefits, all legal fees and any other relief as the court deems just. He is represented by Constantin V. Roboostoff of Roboostoff & Kalkin in San Francisco.
U.S. District Court for the Northern District of California Case number 3:17-cv-02476-SK