Policy holder alleges insurer breached contract

By Jenie Mallari-Torres | Jan 24, 2018

Insured accuses Life Insurance Company of America of breach of contractSAN DIEGO — An insured is suing Life Insurance Company of America, an insurance carrier, citing alleged breach of contract.Bernadette Devera filed a complaint on Jan. 18, in the U.S.

SAN DIEGO — A San Diego County woman is suing an insurance carrier, alleging breach of contract.

Bernadette Devera filed a complaint Jan. 18 in U.S. District Court for the Southern District of California against Life Insurance Company of America alleging the defendant failed to pay nearly $60,000 in disability benefits.  

According to the complaint, Devera began working for Mossy Nissan in August 2013 but became disabled March 10, 2016. The suit says Devera has suffered economic damages from the defendant's decision to uphold denial of her long-term disability benefits without reasonable grounds, and despite Devera remaining disabled as defined by the plan. 

The plaintiff alleges Life Insurance Company of America failed to pay disability benefit payments and failed to discharge its duties in respect to claims processing in the interests of plaintiff.

Devera seeks trial by jury, past-due benefits of approximately $59,710 and additional benefits accumulating at the rate of approximately $3,412 per month, attorney fees, costs of suit and all other relief the court deems proper. She is represented by attorney Virgil A. Iler of Iler & Iler LLP in San Diego.

U.S. District Court for the Southern District of California case number 18-cv-119

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