SAN DIEGO – A woman alleges that her claim for accidental death benefits of her former husband was wrongfully denied by an insurance company.
Christine Aiello filed a complaint on May 19 in the U.S. District Court for the Southern District of California against Reliance Standard Life Insurance Co. and Does 1 through 10 alleging that the defendant violated the Employee Retirement Income Security Act of 1974.
According to the complaint, the plaintiff alleges that her former husband Perry Aiello died on Sept. 30, 2016, because of injuries from a fall while in the hospital. The suit states on Dec. 23, 2016, plaintiff submitted her claim requesting accidental death benefits of her former husband to the defendant but was denied. The plaintiff claims that the death of her husband was an accident and his prior surgical treatment was not a contributing factor to his accident.
The plaintiff allege the defendant failed and refused to pay plaintiff's claim for accidental death benefits, failed their contractual obligation to furnish insurance benefits to plaintiff and failed to consider documents and information contained in the administrative record, including medical opinion, which indicates that the policy affords coverage.
The plaintiff requests a trial by jury and seeks to award of life insurance benefits under the terms of the plan, prejudgment interest, attorney's fees, costs of suit, and for such other and further relief as the court may deem just and proper. She is represented by Craig A. Miller and Patrick A. Calhoon of Law Offices of Craig A. Miller in San Diego.
U.S. District Court for the Southern District of California Case number 3:17-cv-01035-GPC-AGS