UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION

Case No.:

KATHRYN BENNETT,

Plaintiff,

v.

STANDARD INSURANCE 

COMPANY,

Defendant.

/

COMPLAINT FOR DISABILITY BENEFITS

AND LIFE INSURANCE PREMIUM WAIVER BENEFITS

Plaintiff, Kathryn Bennett, files her Complaint against Defendant, Standard Insurance 

Company, and says:

I. JURISDICTION AND VENUE

1. Plaintiff’s claims are filed pursuant to the Employee Retirement Income Security 

Act of 1974 (“ERISA”), 29 U.S.C. § 1001, et seq. Jurisdiction exists pursuant to 29 U.S.C.

§ 1132(f) and venue is proper pursuant to 29 U.S.C. § 1132(e).

II. PARTIES

2. Plaintiff, Kathryn Bennett (“Ms. Bennett”), is a citizen of the United States and was 

at all times relevant a participant of the long-term disability insurance policy at issue (the “LTD 

Policy”). Defendant, Standard Insurance Company (“Standard”), is the insurer and claims 

administrator of the long-term disability (“LTD”) policy and life insurance policy, is a foreign 

corporation authorized to do business in Florida and can be found in the Southern District of 

Florida.

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III. FACTS

3. At all times material to this action there was in full force and effect a group LTD 

Policy and life insurance policy constituting binding contracts of insurance between the parties. 

These policies were underwritten and administered by Standard.

4. At all times material, Standard operated under an inherent structural conflict of 

interest because of Standard’s dual role as administrator of claims while serving as the 

insurance company paying benefits out of its own assets.

5. Ms. Bennett was employed with Clifton Larson Allen LLP (“CLA”) as a managing 

partner, an equity holder, certified public accountant (“CPA”), and a chartered global management 

accountant (“CGMA”).

6. By virtue of her employment at CLA, Ms. Bennett was an eligible participant of 

the LTD and life insurance policies.

7. The purpose of the LTD Policy was to provide Ms. Bennett a monthly benefit in 

the event that she became disabled.

8. The life insurance policy included a waiver of premiums provision that allowed for 

continued employee life insurance without payment of premiums while she was disabled (“waiver 

of life insurance premium benefits”).

9. The LTD Policy defined Disability, in pertinent part, as follows:

You are Disabled if you meet one of the following definitions during the period it 

applies:

A. Own Occupation Definition Of Disability; 

B. Any Occupation Definition Of Disability; or 

C. Partial Disability Definition. 

A. Own Occupation Definition Of Disability 

During the Benefit Waiting Period and the Own Occupation Period you are 

required to be Disabled only from your Own Occupation. You are Disabled 

from your Own Occupation if, as a result of Physical Disease, Injury, 

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Pregnancy or Mental Disorder, you are unable to perform with reasonable 

continuity the Material Duties of your Own Occupation. (Emphasis added.)

10. Ms. Bennett suffers from amnesia and worsening cognitive impairment, including 

chronic memory and focus issues.

11. Ms. Bennett was forced to discontinue working on December 31, 2021, due to 

her disabling condition.

12. Ms. Bennett is unable to perform with reasonable continuity the Material Duties of 

her Own Occupation or any occupation. She is disabled under the terms of the LTD Policy.

13. Ms. Bennet is also disabled under the terms of the life insurance policy.

14. By letter dated April 20, 2022, Ms. Bennett submitted her LTD and waiver of life 

premium (“WOLP”) claims pursuant to the terms of the LTD and life insurance policies. 

15. Among the evidence submitted with the claims were:

- the results of a neuropsychological testing indicating cognitive 

impairment,

- and eight forms completed by her treating team reporting that Ms. Bennett 

is disabled from her occupation indefinitely.

16. By letter dated May 5, 2022, Standard confirmed receipt of her claim.

17. By letters dated May 4, and May 11, 2022, Ms. Bennett submitted additional 

evidence in support of her physical disability, including a declaration detailing how her disability 

affected her professional and personal life.

18. By letter dated June 3, 2022, Ms. Bennett notified Standard that her claim for 

disability benefits through her individual disability insurance policy with Northwestern Mutual 

had been approved.

19. By letter dated June 7, 2022, Ms. Bennett asked Standard for an update regarding 

when her LTD benefits would be approved.

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20. By letter dated June 17, 2022, Standard stated it had received the information 

necessary for initiating review of Ms. Bennett’s claim, but that additional documents may be 

requested during their review.

21. By letter dated June 23, 2022, Standard notified Ms. Bennett that her application 

for LTD benefits was pending.

22. By letter dated July 11, 2022, Standard notified Ms. Bennett that her LTD claim 

was still under review.

23. By letter dated July 11, 2022, Ms. Bennett notified Standard that its decision on her 

LTD claim was past the 45-day benefit determination deadline set by ERISA, which fell on 

Saturday, June 4, 2022.

24. Standard also failed to notify Ms. Bennet that any special circumstances beyond its 

control existed or that it required an extension of time on the LTD ERISA deadline.

25. By letter dated July 13, 2022, Standard told Ms. Bennett that her WOLP claim was 

still under review.

26. Despite Ms. Bennett notifying Standard that was in violation of ERISA by not 

making a timely benefit determination, Standard failed to provide a decision on her LTD and 

WOLP claims.

27. Standard also failed to notify Ms. Bennet that any special circumstances beyond its 

control existed or that it required an extension of time on the WOLP ERISA deadline.

28. Standard has failed and has refused to render an LTD benefit decision and WOLP 

decision in the time period allowed under ERISA.

29. Ms. Bennett is deemed to have exhausted her remedies with respect to her LTD 

claim and WOLP claim because of Standard’s failure to render a timely decision.

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30. Standard’s failure to render a timely decision breached the fiduciary duties owed to 

Ms. Bennett under ERISA. Standard further failed to discharge its duties in respect to discretionary 

claims processing solely in the interests of Ms. Bennett’s as a participant of LTD and life insurance 

policies.

IV. COUNT I: LONG-TERM DISABILITY BENEFITS

Plaintiff incorporates the allegations contained in Paragraphs 1 through 7, 9 through 12, 14 

through 24, 26, and 28 through 30, as if fully stated herein and says further that:

31. Plaintiff is entitled to certain benefits of the policy consisting of past LTD benefits 

including prejudgment interest, retroactive to the day benefits were denied pursuant to 29 U.S.C.

§ 1132(a)(1)(B).

32. Plaintiff is entitled to the benefits identified herein because:

a. the benefits are permitted benefits under the LTD policy;

b. Plaintiff has satisfied all conditions to be eligible to receive the LTD benefits;

c. Plaintiff has not waived or otherwise relinquished her entitlements to the 

benefits.

33. Standard has refused to pay the benefits sought by Ms. Bennett, ignoring the 

medical records and clear opinions of her physicians.

V. COUNT II: WAIVER OF LIFE INSURANCE PREMIUM BENEFITS

Plaintiff incorporates the allegations contained in Paragraphs 1 through 6, 8, 10, 11, 13 

through 20, 17, 25 through 27, and 29 through 30 as if fully stated herein and says further that:

34. Pursuant to 29 U.S.C. §1132(a)(1)(B) Ms. Bennett is entitled to certain benefits of 

the policy consisting of WOLP benefits.

35. Ms. Bennett is entitled to the WOLP benefits identified herein because:

a. the WOLP benefits are permitted benefits under the life insurance policy;

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b. She has satisfied all conditions to be eligible to receive the WOLP benefits;

c. She has not waived or otherwise relinquished her entitlements to the WOLP 

benefits.

36. Standard has refused to approve WOLP benefits sought by Ms. Bennett, 

disregarding the medical records and clear opinions of her attending physicians evidencing 

disability.

VI. RELIEF REQUESTED

Plaintiff incorporates the allegations contained in Paragraph 1 through 36 as if fully stated 

herein and says further that:

37. As a result of the acts and/or omissions of Defendant as alleged herein, Defendant 

owes Plaintiff unpaid LTD benefits, plus interest and the instatement of waiver of life insurance 

premium benefits.

38. To the extent that Defendant violated any provisions of Subchapter I of Title 29, 

Chapter 18 of the United States Code, under 29 U.S.C. § 1132(g)(1) Plaintiff is entitled to 

reasonable attorney’s fees and costs of this action.

39. Defendant is also liable to place Plaintiff in the position she would have enjoyed 

under the LTD and life insurance policies had her benefits not been wrongfully denied by 

Defendant.

VII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff, Kathryn Bennett, prays for a judgment against Defendant, 

Standard Insurance Company, for the relief as pleaded herein and for such other relief as this 

Honorable Court deems just and proper.

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Respectfully submitted this 26th day of July, 2022.

/s/ Zoe Vayer

Zoe Vayer (FBN. 1030850) 

zoe@longtermdisability.net

Edward Philip Dabdoub (FBN. 45685) 

eddie@longtermdisability.net

DABDOUB LAW FIRM, P.A.

1600 Ponce de Leon Blvd., Suite 1202 

Coral Gables, Florida 33134

Tel: (305) 754-2000

Fax: (305) 754-2007

Counsel for Plaintiff, Kathryn Bennett

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