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LOUISIANA RECORD

Thursday, March 28, 2024

Disabled employee alleges plan administrator unlawfully denial benefits

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NEW ORLEANS — A disabled woman is suing Life Insurance Company of North America, alleging failure to distribute benefits.

Nicole M. Triche of Raceland filed a lawsuit June 27 in U.S. District Court for the Eastern District of Louisiana against Life Insurance Company of North America, alleging that the plan administrator failed to comply with the provisions of the Employee Retirement Income Security Act.

According to the complaint, between April 15, 2014 and Jan. 26, 2015, Triche did not receiver her benefits under a long-term disability plan, causing her to suffer financial damages, emotional distress and an exacerbation of her physical condition. The suit says she has also suffered damage to her credit score due to medical bills and her inability to earn income during her period of her disability. 

The plaintiff alleges Life Insurance Company of North America unreasonably and unlawfully denied her claim for LTD benefits, failed to provide a full and fair review of her claim and failed to provide a reasonable claims procedure that would yield a decision on the merits of her claim.

Triche seeks a trial by jury, compensation for the full amount of unpaid benefits, attorney fees and legal costs, pre-judgment and post-judgment interest and all other relief as the court deems just and reasonable. She is represented by attorney David C. Pellegrin Jr. of Waitz & Downer in Houma.

U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-11820

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