HUNTINGTON – A man is suing Liberty Assurance Company of Boston after he claims it denied his application for disability benefits.

Troy D. Auvil was employed by Sheetz in Putnam County and was offered an employee welfare benefit plan that provided short and long term disability benefits, according to a complaint filed July 6 in Putnam Circuit Court and removed to federal court on Aug. 25.

Auvil claims he is an eligible beneficiary under the Sheetz plan and he applied for short term disability benefits under the terms of the plan and submitted sufficient evidence in support of his disability in accordance with the terms of the plan.

The defendant arbitrarily and capriciously denied the plaintiff’s entitlement to disability benefits, according to the suit.

Auvil claims he exercised his right to an administrative appeal of the defendants’ decision to deny him benefits under the Sheetz plan.

The defendant failed to timely make a decision on the plaintiff’s administrative appeal, according to the suit.

Auvil is seeking compensatory damages. He is being represented by John J. Polak of Atkinson & Polak.

The defendant is represented by Paul M. Stroebel of Stroebel & Johnson; and John W. Sulau of Jackson Lewis.

U.S. District Court for the Southern District of West Virginia case number: 3:17-cv-03881

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Organizations in this Story

Atkinson & Polak, PLLC
300 Summers St
Charleston, WV - 25301

Jackson Lewis LLP
320 West Ohio Street, Suite 500
Chicago, IL - 60610

Stroebel & Johnson, PLLC
405 Capitol St
Charleston, WV - 25301

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