ST. LOUIS — A surviving spouse has filed a lawsuit against an insurer and plan administrator, citing alleged breach of fiduciary duties.
Charity Pennington filed a complaint July 28 in the U.S. District Court for the Eastern District of Missouri Eastern Division against Life Insurance Co. of North America and Cigna Intellectual Property Inc., alleging they violated the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that on March 28, 2016, her spouse, Chad Pennington, was killed in a car accident near Winona, Mississippi. She has made claims for benefits under the insurance policies issued by defendant Life Insurance Co., the suite states. To date, she has not received payment for her claim. The plaintiff holds Life Insurance Co. of North America and Cigna Intellectual Property responsible because the defendants allegedly denied paying the plaintiff's claim on the sole basis that Chad Pennington died while commuting to work.
The plaintiff requests a trial by jury and seeks judgment against defendants in the amount of $1 million, plus interest, attorney's fees, costs and all further relief that the court deems just and proper. She is represented by Derrick S. Kirby of The Kirby Law Firm PC in Doniphan.
U.S. District Court for the Eastern District of Missouri Eastern Division case number 4:17-cv-02167