Aug 16, 2018
Via Bridget O'Ryan, ERISA plaintiff's attorney in Indiana, we receive word of a large verdict against Lumbermens Mutual Casualty Co., which is a part of Kemper Insurance. You can read about the verdict here in the Indianapolis Star.
The plaintiff, Donna Combs, suffered from myelodysplastic syndrome (a form of cancer) and rheumatoid arthritis. She was paid disability benefits for two years and then was terminated wrongfully by the insurer. With the claims file there was a note from the claims administrator stating that termination of the claim had resulted in a savings to the insurer of $356,000.
Combs' counsel asked the jury to award three times the $356,000 to reflect compensation for Combs' financial and emotional distress. But Bridget, who was co-counsel on the case, tells me that members of the jury added some onto that to make sure Ms. Combs expenses were covered.
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