Plaintiff was a former firefighter who was ordered by his doctor to stop working in his field due to increasingly severe heart problems. He had suffered two myocardial infarctions in one year and was at risk for developing congestive heart failure.
Plaintiff had several years earlier procured private disability insurance with Defendant Insurer. Upon leaving his job as a firefighter, he applied for disability benefits. Defendant Insurer wrongfully and in bad faith denied his claim for benefits by stating — incorrectly — both that his claim was barred under ERISA and that he was capable of being a firefighter notwithstanding his heart problems and doctors’ orders.
Upon receipt of Defendant Insurer’s termination letter Plaintiff came to Winer, McKenna, Burritt & Tillis LLP, associate Jennifer Prusak’s former law firm seeking representation. Immediately upon Ms. Prusak and her firm’s involvement in Plaintiff’s case, the Defendant Insurance company began paying Plaintiff the benefits to which he was entitled. After several months of motion practice, Ms. Prusak’s former firm obtained a large settlement on behalf of Plaintiff at mediation for the wrongful denial of Plaintiff’s claim for benefits and for fraud.
Very shortly after Plaintiff’s case was settled, Plaintiff — who Defendant had claimed was still capable of being a firefighter — died due to complications of congestive heart failure.
RESULT: $1,500,000 on behalf of Plaintiff