ST. LOUIS — A Berger woman is suing Liberty Life Assurance Company of Boston, citing alleged violation of the Employee Retirement Income Security Act (ERISA).
Ruby Bunge filed a complaint on March 3 in the U.S. District Court for the Eastern District of Missouri against Liberty Life Assurance Company of Boston alleging that the company breached its duty of good faith and fair dealing.
According to the complaint, the plaintiff alleges that on Nov. 27, 2015, she suffered monetary damages upon the defendant's denial of her long-term disability benefits under ERISA, despite confirmation of disability from her treating physician. She was inable to consistently report to work because of pain and co-morbid conditions, including spinal injury, fibromyalgia, chronic obstruction sleep apnea, hypothyroidism, hypertension and carpal tunnel syndrome. The plaintiff holds Liberty Life Assurance Company of Boston responsible because it allegedly failed to pay disability benefit payments to the plaintiff, failed to consider the plaintiff's medical records and clear opinions of her physicians and failed to discharge its duties in respect to claims processing in the interests of plaintiff.
The plaintiff requests a trial by jury and seeks judgment against defendant in the amount of unpaid benefits, begin future long term disability payments under the terms of the plan, attorney’s fees and costs and other such relief as the court deems just. She is represented by Matthew R. Davis and Brad Elkin of Gallagher Davis LLP in St. Louis.
U.S. District Court for the Eastern District of Missouri Case number 17-cv-00828