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Employment Law
Compensations, Benefits
ERISA

Carol Herceg v. Hartford Life and Accident Insurance Company, Computer Science Corporation Group Insurance Plan

Published: Jan. 1, 2010 | Result Date: Sep. 8, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 2:08-cv-08117-PA-VBK Bench Decision –  Liability, Undetermined Payment

Court

USDC Central


Attorneys

Plaintiff

Tracy A. Collins


Defendant

Michael B. Bernacchi
(Burke, Williams & Sorensen LLP)

Elizabeth M. Del Cid


Facts

In January 2008, plaintiff Carol Herceg went on medical leave from her company due to degenerative spinal disease and filed a claim with her insurance carrier, defendant Hartford Life and Accident Insurance Co. (Hartford), seeking both long and short term disability benefits. However, Hartford rejected the claim. Later, Herceg brought an action against Hartford and the Computer Science Corp. Group Insurance Plan based on ERISA.

Contentions

PLAINTIFF'S CONTENTIONS:
Herceg contended that Hartford had a conflict of interest because it was both a funding source and the decision maker in relation to benefits. Further, Herceg claimed that medical records showed that her condition was debilitating.

DEFENDANTS' CONTENTIONS:
Hartford argued that Herceg exaggerated the significance of her pain and that her treatment failed to show that her illness was serious.

Damages

Herceg sought short-term disability benefits.

Result

The court concluded that Hartford was liable and awarded Herceg short term disability benefits and attorney fees of over $30,000. The court also ordered Hartford to review Herceg's eligibility for long term benefits.


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