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Insurance
Bad Faith
Coverage Denied

Curtis Walker v. Metro Life Insurance Company

Published: Nov. 20, 2010 | Result Date: May 21, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 2:09-cv-01178-PSG-VBK Bench Decision –  Defense

Court

USDC Central


Attorneys

Plaintiff

Gary L. Tysch
(Law Offices of Gary L. Tysch)


Defendant

James C. Castle
(Hinshaw & Culbertson LLP)

Robert A. Brenner
(Law Office of Robert A. Brenner)


Facts

In February 2004, Curtis Walker suffered a stroke and was subsequently diagnosed with myasthenia gravis, a neuromuscular disorder. His symptoms included severe weakness, numbness, pain, and fatigue, which prevented him from performing his job. He worked for Kaiser Permanente as an information technology consultant. His job also required frequent traveling. Metro Life Insurance Company (MetLife) underwrote and administered his group disability plan known as the Kaiser Permanente Employee Welfare Benefit Plan.

In March, Walker took a leave of absence from his job and applied for long-term disability. A Kaiser neurologist determined that he would be incapable of returning to work and certified his condition. MetLife, however, denied coverage for long-term disability.

Walker sued MetLife for breach of the plan.

Contentions

DEFENDANT'S CONTENTIONS:
MetLife contended that it did not act arbitrarily nor capriciously in denying Walker coverage, and further contended that Walker was not disabled.

Damages

Walker sought declaratory relief, injunctive relief, and attorney fees.

Result

No expert testimony was used at trial, and the court was confined to reviewing the administrative record, since this case was subject to ERISA. The court found for the defense, and the case is currently on appeal to the Ninth Circuit Court of Appeals.


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