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What does the suit claim?
The suit claims that Aetna Insurance Company (NYSE: AET) instituted claims-handling practices which improperly denied and terminated valid disability claims.
What was Aetna’s motivation?
The suit contends that Aetna wanted to increase profits by limiting the number of disability claims it approved.
How did Aetna seek to deny claims?
According to the complaint, Aetna intentionally failed to adequately review claims, instead often arbitrarily dismissing them. Aetna also implemented a review process which placed an emphasis on certain subjective evidence that supported a denial of disability, while dismissing objective evidence and physician testimonials that strengthened the policyholder’s claim, the suit contends.
Why are Aetna’s alleged actions problematic?
The complaint contends that Aetna’s claims-handling procedures disadvantage disabled policyholders and are a breach of the duties owed to policyholders as stated in the Employment Retirement Security Income Act (ERISA). Breaches alleged in the suit include:
Heightening the requirements needed to prove disability Failing to collect all of the claimant’s medical records Ignoring the assessments of the claimant’s treating physicians and instead favoring the minority, dissenting opinions of Aetna’s paid claims reviewers.
What does this suit seek to do?
The suit seeks to reopen administrative claims that were previously denied, reinstate disability benefits owed to plaintiffs, mandate a change in Aetna’s unlawful claims-handling practices, and provide payment of damages to the class.
Who are the defendants?
The defendants in this case are Aetna Insurance Company (NYSE: AET) and The Boeing Company (NYSE: BA).
Why is Boeing a defendant?
The Boeing Company is the sponsor of short- and long-term disability benefits which are determined and administered by Aetna. As plan sponsor, Boeing is named as a defendant because it is a fiduciary of the plan and has a responsibility to its employees to see that they receive full and fair review of their claims.
Who does the suit seek to represent?
The proposed class includes Boeing employees who have been denied disability benefits by Aetna, since 1998.
What does the suit seek?
The suit seeks an injunction ordering Aetna to follow all the regulation governing ERISA claimants. The suit seeks damages owed to the class and the reopening of benefits cases for policyholders whose claims were previously denied.
Where was the lawsuit filed?
The lawsuit was filed in United States District Court in Seattle.
What laws does the suit claim the defendants violated?
The suit claims that Aetna violated numerous statutory duties as given in the federal Employment Retirement Security Income Act (ERISA). These can be found in the Code of Federal Regulations and have been promulgated by the Department of Labor.
Who can participate in this suit?
The proposed class includes Boeing employees who have been denied disability benefits by Aetna, since 1998.
How many people are members of this class?
Scores of Boeing employees are included in this class.
How will signing up help the lawsuit?
A larger class helps strengthen the case for demonstrating the severity of damage that the defendants caused to policyholders by their actions.
What do I need to do to join the class action?
To make sure you're included in any announcements about the suit, sign up for more information and updates.
How does a class action work?
A class-action lawsuit is filed when different people combine their lawsuits because the facts of the case are so similar. This is designed to save court time, and allow one judge to hear all the cases at the same time and make one decision binding to all parties.
Step 1: A lawyer files a lawsuit on behalf of one or more parties.
Step 2: A judge agrees the case is valid and certifies it.
Step 3: The judge directs notice be given to all parties having a similar claim during a particular time period so they may be informed and have input on the case. This first notice gives people an opportunity to "opt out" (not be part of the class or represented by the party who brought the case). Those who opt out have no further standing in the case and can either drop the matter or bring action on their own behalf. Individuals that stay a party in the case are usually bound by the settlement and prohibited from taking any further action on the matter.
Step 4: Unless a settlement occurs, the case could potentially proceed for years. It is either settled outside of court and presented to the court for its approval as to fairness (most often the case), or the case is tried and the judge renders a decision. If the plaintiffs (the class participants) win a judgment over the company being sued, they are notified about how they can collect damages or remedies.
Who can I contact if I have more questions?
If you have more questions about the lawsuit or your eligibility, contact attorneys Nelson Langer Nelson at 206-623-7520 info@ntl-law.com.
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