NEW ORLEANS – An Orleans Parish widower has filed a suit seeking benefits after his wife's death.

Kevin C. McCusker filed a complaint on Feb. 10 in the U.S. District Court for the Eastern District of Louisiana against Unum Life Insurance Co. of America, Fidelity Bank Plan and Fidelity Bank alleging that the plan administrators violated the Employee Retirement Income Security Act.

According to the complaint, the plaintiff alleges that plaintiff was the named beneficiary of the accidental death and dismemberment insurance issued to his wife Domenique Espinosa McCusker, who accidentally died on Feb. 10, 2016. Plaintiff alleges he was damaged for not receiving benefits under the terms of the plan. The plaintiff holds Unum Life Insurance Co. of America, Fidelity Bank Plan and Fidelity Bank responsible because the defendant allegedly improperly denied plaintiff's claim for AD&D benefits alleging that his wife's death was caused by multiple drug intoxity, which was not covered because it was caused by voluntary use of drugs not taken as prescribed by her physician.

The plaintiff requests a trial by jury and seeks recover AD&D benefits under the plan, award for prejudgment interest, attorney's fees and costs and all other general and equitable relief. He is represented by Michael L. DeShazo and Claire R. Pitre of Kinney, Ellinghausen, Richard & DeShazo in New Orleans.

U.S. District Court for the Eastern District of Louisiana Case number 2:17-cv-01214

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U.S. District Court for the Eastern District of Louisiana
500 Poydras Street
New Orleans, LA - 70113

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