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Employment Law
Compensations, Benefits
Recovery of Plan Benefits

Terry J. Yale v. Sun Life Assurance Co. of Canada

Published: Jul. 19, 2014 | Result Date: Oct. 31, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 1:12-cv-01429-AWI-SAB Bench Decision –  Defense

Court

USDC Eastern


Attorneys

Plaintiff

Russell G. VanRozeboom


Defendant

Dennis Rhodes

Adrienne Clare Publicover
(JAMS)


Facts

Terry Yale sued Sun Life Assurance Co. of Canada, seeking to recover plan benefits and attorney fees.

Contentions

PLAINTIFF'S CONTENTIONS:
Yale claimed that she was the beneficiary under a group life insurance policy under the Employee Retirement Income Security Act. In 2009, she submitted an application under defendant's policy for optional dependent life insurance benefits for her husband, John. She claimed that he was eligible for up to $250,000 of coverage. In January 2010 Sun Life processed and confirmed the coverage and premium. Yale claimed that the premium was paid in full. Yale claimed that her husband died unexpectedly on Oct. 10, 2010. Yale then submitted a claim for policy benefits of $250,000 under the policy, but Sun Life refused to pay any more than $100,000. It was at this time that Yale found out that Sun Life needed additional paperwork for John's $250,000 coverage. Yale appealed Sun Life's denial, and exhausted her administrative remedies. As such, she filed this suit requesting the recovery of benefits and attorney fees.

DEFENDANT'S CONTENTIONS:
Sun Life contended that John was not eligible for $250,000 coverage because an Evidence of Insurability form was never submitted as required. As such, his coverage was limited to $100,000. Sun Life denied Yale's allegations, and asserted various affirmative defenses.

Damages

$150,000 in benefits plus interest, and attorney fees and cost.

Result

The district court entered judgment in Sun Life's favor.


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