Sarah Kowalski v. Farella Braun Martel, LLP, Farella Braun Martel Long-Term Disability Plan, Paul Revere Life Insurance Co.
Published: Jun. 13, 2009 | Result Date: Dec. 23, 2008 | Filing Date: Jan. 1, 1900 |Case number: 3:06-cv-03341-MMC Bench Decision – Liability
Court
USDC Northern
Attorneys
Plaintiff
Geoffrey V. White
(Law Office of Geoffrey V. White)
Defendant
Francis J. Torrence
(Wilson, Elser, Moskowitz, Edelman & Dicker LLP)
Facts
Plaintiff Sarah Kowalski suffered from thoracic outlet syndrome and went on disability leave on Oct. 24, 2002. During her leave, Kowalski collected disability benefits provided by her employer, defendant Farella Braun & Martel LLP (FB&M), through defendant Paul Revere Life Insurance Company (PRLIC). PRLIC provided the benefits for 20 months before terminating her coverage.
Contentions
PLAINTIFF'S CONTENTIONS:
Kowalski contended that PRLIC wrongfully terminated her coverage without cause.
DEFENDANTS' CONTENTIONS:
The defense contended that plaintiff was re-examined by a neurologist who determined that plaintiff did not suffer from thoracic outlet syndrome, full range of motion, and could perform the duties of an attorney.
Damages
Kowalski claimed damages in the amount of coverage to the date of judgment.
Result
The court found in favor of Kowalski for the four months left on her coverage period and remanded to PRLIC to allow plaintiff to present evidence to support continued benefits.
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