In McCurry, v. Kenco Logistic Services, LLC, No. 22-1273, 2022 WL 4284222 (7th Cir. Sept. 16, 2022), a nonprecedential disposition, the Seventh Circuit affirmed the district court’s grant of summary judgment to Defendant Kenco Logistic Services, LLC. Plaintiff Edith McCurry, a former employee for Kenco, brought a claim under ERISA § 502(a)(1)(B) against Kenco, alleging that it was involved in the interruption of her short-term and long-term disability benefits that were ultimately paid by Hartford Life and Accident Insurance Company, Kenco’s disability insurer. The district court found that the Kenco benefit plans expressly granted fully discretion and authority to Hartford to determine eligibility for benefits and interpret policy terms. Kenco did not comply with local rules for summary judgment which rendered unrebutted the evidence in the record that Kenco did not influence Hartford’s decision making. The court found that Kenco could not be liable for any interruption in McCurry’s benefits.
The Seventh Circuit also fired warning shots against McCurry’s counsel for subjecting “Kenco to frivolous, baseless litigation” and stating that further frivolous appeals may incur monetary sanctions.
If Hartford Life and Accident Insurance Company has denied your claim for long-term disability benefits, contact us for possible representation.
*Please note that this blog is a summary of a reported legal decision and does not constitute legal advice. This blog has not been updated to note any subsequent change in status, including whether a decision is reconsidered or vacated. The case above was handled by other law firms, but if you have questions about how the developing law impacts your ERISA benefit claim, the attorneys at Roberts Disability Law, P.C. may be able to advise you so please contact us.
LEAVE YOUR MESSAGE
We know how to get your insurance claim paid. Call today at: