Long term disability wrongfully denied by insurer, suit claims

Kelly Holleran Sep. 22, 2009, 6:00am

A man claims his insurance company wrongfully denied him long-term disability benefits after he says he became disabled.

Jason Hall filed a complaint Sept. 16 in Madison County Circuit Court against United of Omaha Life Insurance Company.

Hall claims he became disabled on Oct. 17 and applied to United of Omaha for short-term and later long-term disability benefits.

The short-term benefits were denied and approved a number of times, but were finally approved Feb. 9 and Hall received a payment on Feb. 20, according to the complaint.

However, his long-term benefits were denied on March 27, 2009, because of a pre-existing condition, the suit states.

Hall appealed United of Omaha's denial, but after a review of the claims, United of Omaha stuck with its original denial, the complaint says.

"Its actions and conduct in the processing of this claim were improper and egregious to the extent that Defendant waived or is stopped to use any defense it may have had to said claim," the suit states.

Because of United of Omaha's denial, Hall claims he suffered financial hardship and emotional distress.

In the three-count suit, Hall is seeking a judgment of more than $110,000, plus costs and attorney's fees. In addition, he is seeking the amount of benefits and consequential damages of more than $50,000.

James E. Gorman of Lucco, Brown, Threlkeld and Dawson in Edwardsville will be representing him.

Madison County Circuit Court case number: 09-L-984.

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