HUNTINGTON — A lawsuit against Prudential alleging wrongful termination of benefits was settled and dismissed.
The plaintiff, Caroline Eshbaugh, and the defendant, Prudential Insurance Company of America, filed a stipulation of dismissal with prejudice, stating that all claims between the parties have been amicably resolved and that the action would be dismissed in its entirety and with prejudice.
Parties agreed to pay their own costs, expenses and attorneys' fees.
In a joint notice of settlement, Eshbaugh and Prudential notified the court in November that they had reached a settlement. They filed the stipulation of dismissal less than one week later. They sought to have the case stayed until the finalization of the release and settlement agreement.
"Wherefor, the Parties respectfully notify the Court that they have reached a settlement in principle, and request that the Court enter an order staying the deadlines in the case for forty-five (45) days," the notice states.
Eshbaugh, who is from Ohio, sued Prudential Insurance Company of America claiming it wrongfully terminated her benefits.
Cabell Huntington Hospital Eligible Full-time Bargaining and Non-bargaining Employees Long Term Disability Coverage and Does 1 through 5 were also named as defendants in the suit.
Eshbaugh was a qualified participant in the defendant's long-term disability plan and became totally disabled in 2017, according to the complaint filed in U.S. District Court for the Southern District of West Virginia.
The defendant terminated the plaintiff's long-term disability benefits on Jan. 6, 2020, despite much evidence supporting her claim for benefits, according to the suit.
Eshbaugh claims the defendants' conclusions are contrary to her true condition and the opinions other treating physicians and the Social Security Administration.
Eshbaugh is seeking an order for the defendants to pay her benefits due under the plan with interest. She is represented by J. Patrick L. Stephens of Underwood Law Offices in Huntington.
Mychael S. Schulz of Babst, Calland, Clements and Zomnir represented Prudential.
U.S. District Court for the Southern District of West Virginia case number: 3:21-cv-00355