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Policy holder accuses Atena of violating ERISA

NORTHERN CALIFORNIA RECORD

Saturday, November 23, 2024

Policy holder accuses Atena of violating ERISA

Insurance 01

LOS ANGELES — A Los Angeles County woman is suing Aetna, alleging breach of her insurance plan.

Theresa J. Corning filed a complaint Nov. 8 in U.S. District Court for the Central District of California against Aetna Life Insurance Company and Does 1-10, alleging they violated the Employee Retirement Income Security Act (ERISA) through non-payment of plan benefits.

According to the complaint, Corning has suffered economic damages from Aetna's decision to uphold its denial of the plaintiff's disability benefits without reasonable grounds, and despite Corning remaining disabled as defined by the plan. The suit says Corning, an employee of Boeing, was involved in a serious motor vehicle accident Feb. 22, 2014. 

As a direct and proximate result of defendant’s refusal to honor the terms of the plan, Corning says she has suffered contractual and incidental damages and out of pocket expenses. 

The plaintiff alleges the defendants have failed to timely respond to her appeals in compliance with ERISA regulations, and have failed to provide a full and fair review of plaintiff’s claim.

Corning seeks trial by jury, benefits payable under the plan, attorney fees, court costs, interest, and all other relief the court deems appropriate. She is represented by attorney Christian J. Garris of Law Offices of Christian J. Garris in Los Angeles.

U.S. District Court for the Central District of California case number 17-cv-08151

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