HUNTINGTON — The plaintiff in a lawsuit against a life insurance company filed an amended complaint against a new defendant after it was discovered Cigna Life Insurance Co. of North America withdrew as a West Virginia corporation.
District Judge Robert Chambers entered an order on June 6 directing Kenneth E. Rutt to show good cause why Cigna Life Insurance Co. of North America was not served within 90 days of the filing of the complaint, according to an order filed June 13.
Rutt responded that he had attempted to serve the defendant twice, but then learned that Cigna had withdrawn as a West Virginia corporation and Life Insurance Co. of North America, which is doing business as Cigna Life Insurance Co. of North America, is the actual party in interest.
Chambers granted Rutt's request to substitute the defendant and Rutt filed an amended complaint listing Life Insurance Co. of North America as the defendant on June 21.
Rutt claimed the insurance company wrongfully denied long-term disability benefits of which he was entitled. Rutt claims he was working and covered by a plan under the Employment and Retirement Income Security Action of 1974, which was administered by the defendant. When Rutt filed for long-term disability benefits in January 2014, that application was denied in September 2016, according to the suit. Rutt then filed an appeal to the denial on Nov. 1, 2016; the appeal was denied on Feb.17, 2017.
"This amended complaint challenges the defendant’s unlawful denial of Mr. Rutt’s request for long-term disability benefits despite medical evidence demonstrating his qualifications for said benefits," the amended complaint states. "Mr. Rutt is filing this action to recover benefits due under a policy of insurance to enforce the present rights existing therein, to declare his rights under the terms of the policy, and to recover costs and attorney's fees as provided by ERISA."
The plaintiff is seeking all reasonable sums due, attorney's fees and court costs. He is represented by Kenneth Hicks in Huntington.
U.S. District Court for the Southern District of West Virginia case number 3:19-cv-00074
