NEW ORLEANS — A plan beneficiary from
is suing an insurer over alleged breach of duty.
Gerard Thomas filed a complaint on Sept. 7 in the U.S. District Court for the Eastern District of Louisiana against Life Insurance Company of North America, alleging that the plan administrator breached its fiduciary duty by refusing to approve his waiver of life insurance premium benefits and by refusing to pay him long-term disability benefits.
According to the complaint, the plaintiff alleges that while he is disabled under the terms of the insurance policy, he is not receiving benefits. The plaintiff holds Life Insurance Company of North America responsible because the defendant allegedly failed to render a decision on his waiver of life insurance claim in the proper time frame and ignored his request for past-due benefits.
The plaintiff requests a trial by jury and seeks judgment against the defendant for all benefits due under the plan, plus pre- and post-judgment interest, attorney fees, costs of suit and for all other relief as the law may provide. He is represented by James F. Willeford and Reagan L. Toledano of Willeford & Toledano in New Orleans.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-14533