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