FRESNO – A former employee of Family Dollar Stores alleges that his insurer wrongfully denied his claim for long-term disability benefits.
Douglas Thigpin filed a complaint on June 15 in the U.S. District Court for the Eastern District of California Fresno Division against Liberty Life Assurance Co. of Boston alleging violation of the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that while he was covered under defendant's long-term disability plan, he suffered a disability and was rendered disabled as defined under the terms of the plan on or about Dec. 17, 2015. The suit states he was granted short-term disability benefits through December 2016 but his long-term disability benefit claim was denied on Jan. 8.
The plaintiff holds Liberty Life Assurance Co. of Boston responsible because the defendant allegedly failed to provide a prompt and reasonable explanation of the denial of his benefits and failed to investigate the merits of his claim.
The plaintiff seeks payment of disability benefits due, all costs and attorneys’ fees, pre- and post-judgment interest and such other just and proper relief. He is represented by Richard C. Conway and Josh T. Fox of Kahn, Soares & Conway LLP in Hanford.
U.S. District Court for the Eastern District of California, Fresno Division case number 1:18-cv-00827-DAD-SKO