SAN DIEGO — A San Diego County policy holder is suing an insurance company, alleging breach of contract.

Cynthia Cummins filed a complaint Jan. 8 in U.S. District Court for the Southern District of California against The Lincoln National Life Insurance Company, alleging refusal to pay the plaintiff's claim for benefits under ERISA.

According to the complaint, in April 2014, Cummins, who worked for Plaza Home Mortgage, became disabled and filed for disability benefits. The suit says the benefits initially were approved until terminated in 2016. 

Cummins says Lincoln National Life Insurance terminated her disability benefits based on its incorrect claim that she is no longer disabled according to the policy.

Cummins seeks to declare that she is covered for past and ongoing disability benefits and past due benefits of $2,229 per month, interest, court costs and all further relief the court grants. She is represented by attorney Brooks L. Iller of Iler & Iler LLP in San Diego.

U.S. District Court for the Southern District of California case number 3:18-cv-00052-LAB-WVG

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