NEW ORLEANS – An Orleans Parish man alleges his disability benefits were wrongfully terminated.
Robert Bester filed a complaint in the U.S. District Court for the Eastern District of Louisiana against Lincoln National Life Insurance Co. and Jefferson Pilot Financial Insurance Co. alleging that they violated the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that he is disabled because of knee and hip injuries. He alleges his disability benefits were terminated in 2013 by the defendants and that two appeals were also denied.
The plaintiff holds Lincoln National Life Insurance Co. and Jefferson Pilot Financial Insurance Co. responsible because the defendants allegedly failed to uniformly construe the plan and raising inferences of bad faith, refused to credit evidences that the pain medication he took rendered him drowsy and failed to include in its denial letters information that was contrary to the denial.
The plaintiff requests a trial by jury and seeks payment for disability benefits in the amount of $1,271.17 per month plus enhancements, prejudgment and post-judgment interest, attorney’s fees and costs and for all other relief to which he may be entitled. He is represented by Keith Hardie Jr. of Law Office of Keith Hardie in New Orleans.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-13940