Class Action Charges Prudential Disability Claims Reviews Violated ERISA
A proposed class-action lawsuit claims Prudential Insurance Company of America violated the federal Employee Retirement Income Security Act with how it conducted long-term disability claims appeal reviews.
Filed in the U.S. District Court for the Eastern District of New York, the suit concerns "potentially thousands" of long-term disability claimants who filed a "secondary/voluntary" appeal after Nov. 14, 2005, but the appeal was denied by the same Prudential employee who denied the claimant's first appeal.
Under ERISA, a decision maker on a second appeal must be an independent person who wasn't involved with any previous denial of a disability claim, according to a statement from Dell & Schaefer, the law firm representing the plaintiffs.
The suit seeks an order requiring Prudential to re-evaluate thousands of voluntary appeals that it allegedly denied after Nov. 14, 2005. The reassessment of denied claims could result in "millions of dollars" of past due benefits, the law firm said.
Bob DeFillippo, a spokesman for Prudential Financial Inc. (NYSE: PRU), declined to comment.
The suit, which alleges breach of fiduciary duty, charges Prudential used an undisclosed cost-saving method of appeals review that violates the federal ERISA law.
"The whole point of the ERISA-governed appeals process is to substantially reduce lawsuit expenses and create an environment where claim denials will be objectively evaluated," said attorney Gregory Dell, in a statement.
Prudential is one of the largest group long-term disability insurers in the United States, with coverage in-force for more than 2 million people, the firm said.
Prudential Insurance Company of America currently has a Best's Financial Strength Rating of A+ (Superior).
(By Fran Matso Lysiak, senior associate editor, BestWeek: fran.lysiak@ambest.com)


Advisor News
- CT governor’s candidates claims: What’s true, and what’s misleading
- Retaining clients by giving them a memorable experience
- Addressing the longevity paradox
- Employers shift focus from retirement access to financial outcomes
- Helping widowed clients navigate their new financial reality
More Advisor NewsAnnuity News
- Farm Bureau P&C insurers post first underwriting gain since 2021
- Legacy Marketing, Malibu Life launch two fixed indexed annuities
- Changing client priorities are reshaping annuity conversations
- Solen Software acquires annuity software provider Cooperative Technologies
- MassMutual Expands Lending Options With New Secured Credit Line
More Annuity NewsHealth/Employee Benefits News
- Cost of employer-sponsored health insurance plans rises again, nonpartisan survey finds
- Centene sues feds over low ratings for senior health plans
- Terry Savage: Small business owners, now is the time to offer health insurance coverage
- Aldermen select employee medical insurance broker services provider
- Southwest Bridge Health focusing on insurance coverage gap in Berrien County
More Health/Employee Benefits NewsLife Insurance News