ST. LOUIS — A Missouri woman is suing an employer and life insurance provider, citing alleged breach of contract by refusing to pay insurance benefits.
Rebecca Dunivin filed a complaint on May 17 in the U.S. District Court for the Eastern District of Missouri against Life Insurance Company of North America and Cloud Peak Energy Resources LLC alleging that the defendants violated the Employee Retirement Income Security Act of 1974 (ERISA).
According to the complaint, the plaintiff alleges that on Jan. 30, 2010, she became disabled, and Cloud Peak determined that the plaintiff was totally disabled from performing her regular duties. The plaintiff claims that doctors and the Social Security Administration also found her to be permanently and totally disabled. However, the plaintiff's claim for long-term disability benefits was denied. As a result, Dunivin claims she suffered a loss of income and monthly benefits.
The plaintiff holds Life Insurance Company of North America and Cloud Peak Energy Resources responsible because the defendants allegedly failed to the produce plan documents required explaining why such benefits claim was denied and failed to provide long-term disability benefits as required in the insurance contract.
The plaintiff requests a trial by jury and seeks for long-term disability benefits, pre and post-judgment interest, attorneys' fees, costs, and penalties of $110 a day for failure to produce plan documents and other relief as the court deems just and proper. She is represented by Phillip A. Tatlow of Bollwerk and Tatlow LLC in Kirkwood.
U.S. District Court for the Eastern District of Missouri Case number 4:17-cv-01530