Florida Insurance Law Blog : Florida Insurance Lawyer & Attorney : Mark Nation Law Firm : Orlando, Longwood, Gainesville

We recently filed a lawsuit seeking certain short term disability benefits under the terms of the Federal Express Short Term Disability Plan. Litigation continues.

 We also recently filed suit seeking short term disability benefits under the terms of the Blue Cross and Blue Shield of Florida Short Term Disability Plan. Plaintiff was an employee of Blue Cross and Blue Shield of Florida. Litigation continues.

 In another case, we filed suit seeking long term disability benefits under an ERISA governed plan. Suit was filed against Connecticut General Life Insurance Company.

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We recently filed suit on behalf of our client who owns a barbecue restaurant.  After a fire in the kitchen, our client submitted the claim for fire damage to her business insurer.  The insurance company denied the claim, asserting that she had the wrong kind of fire extinguishing system in place at the restaurant.  The insurance company states that under the policy she was required to have one particular type of extinguishing system.  However, the plain reading of the policy endorsement at issue allows for multiple types of fire extinguishing systems, and she had one of those systems in place at the time.  The first thing I will be asking for in discovery is the underwriting file to see if the insurer ever inspected the property while underwriting the policy.  If so, this will certainly buttress our argument that the extinguishment system in place was contemplated under the policy. 

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The Nation Law Firm recently filed suit against CUNA Mutual Insurance Society for certain credit disability insurance benefits. (Often borrowers will take out credit disability insurance to pay their loan payments in the event of disability). In this case, our client became disabled and applied for disability benefits. The insurer, CUNA, denied the claim, arguing that her condition was an excluded "pre-existing condition." Florida statutes have significantly narrowed those situations where an insurer can deny a claim based on an alleged preexisting condition. Litigation continues.
 

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We filed suit against Metropolitan Life Insurance Company for life insurance benefits. Our client, a pastor, became disabled and continued his life insurance coverage under a waiver of premium provision in the life insurance policy. He was advised by the policy holder that coverage would be provided both for him and his spouse. Following his disability, MetLife terminated his spousal coverage and did not notify him that the coverage had terminated. Several years later, his wife died and he filed a claim for benefits. It was only then that he learned that coverage had previously been terminated on his wife. Litigation continues.

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The Nation Law Firm recently filed a complaint seeking disability benefits on behalf of a pastor who became disabled. Suit was filed against Unum Life Insurance Company of America. Although the matter was not governed by ERISA, the case was removed to federal court allegedly based on diversity. Plaintiff is seeking to remand the case arguing that the court does not have jurisdiction based on the amount in controversy at the time the complaint was filed.

In another case, we filed suit on behalf of a plaintiff seeking benefits under the National Rural Electric Cooperative Association Group Benefits Program. Plaintiff is seeking long term disability benefits pursuant to the terms of the plan. Litigation continues.

We also recently filed suit for disability benefits payable under the terms of an individual disability policy. Plaintiff became disabled and MetLife, the insurer, argues that benefits are not payable based on plaintiff’s medical condition. Plaintiff suffered from rheumatoid arthritis and other conditions.

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