Bad Faith Denial Of Disability Insurance Benefits To Disabled Firefighter


$1,500,000 – Bad Faith Denial of Disability Insurance Benefits to Disabled Firefighter

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, 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.

*Many of the cases that Winer, McKenna & Burritt, LLP, has settled are highly confidential. In order to provide consumers with an accurate list of settlements, we have accurately stated the amount of the settlement and the facts of the case, but we have changed the location of the cases and the industry of the companies we have sued to make the identification of the actual company impossible.