SAN FRANCISCO — A customer is suing North America Life, alleging the insurance firm breached her contract by violating the Employee Retirement Insurance Security Act.
Nancy McFarling filed a complaint on Aug. 9 in U.S. District Court for the Northern District of California against Life Insurance Company of North America, alleging the defendant wrongfully terminated the plaintiff's claim for disability benefits.
According to the complaint, McFarling became disabled in 2013 due to a prolonged sickness and other acute and chronic medical problems. The suit says she was initially approved to receive disability benefits until it was wrongfully terminated in late 2013 and early 2014.
The plaintiff alleges North America Life wrongfully upheld its decision to deny McFarling'sclaim for benefits despite her still being disabled according to the terms of the plan.
McFarling seeks pay, disability benefits, interest, all legal fees, surcharge, and all other relief the court deems just. She is represented by attorney Scott Kalkin of Roboostoff & Kalkin in San Francisco.
U.S. District Court for the Northern District of California case number 3:17-cv-04541-EDL