CHARLESTON — A former BB&T employee is suing the bank's long-term disability benefits provider, alleging Hartford Life & Accident Insurance Company wrongfully cut off benefits.
Dale D. Clowser was approved for long term disability benefits through Hartford, according to a complaint filed in Kanawha Circuit Court.
Clowser claims sufficient evidence in support of the plaintiff's disability was submitted in accordance to the plan's terms.
"Defendant approved plaintiff's claim for long term disability benefits," the complaint states. "Thereafter, defendant arbitrarily and capriciously cut off plaintiff's entitlement to disability benefits."
The plaintiff appealed the decision, alleging the defendant's actions were an abuse of discretion and were arbitrary and capricious.
Clowser is seeking recovery of ann benefits due under the terms of the plan with pre-judgment interest. The plaintiff is represented by John J. Polak of Atkinson & Polak.
The case is assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number: 21-C-18
