[2076803/4416229/1]

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.:

DREAMA LOVETT,

Plaintiff,

v.

LIBERTY MUTUAL INSURANCE

COMPANY, 

Defendant.

____________________________________)

COMPLAINT

The Plaintiff, DREAMA LOVETT (“LOVETT”), by and through her 

undersigned counsel, hereby sues LIBERTY MUTUAL INSURANCE COMPANY

(“LIBERTY”), and alleges as follows:

JURISDICTION, VENUE AND PARTIES

1. This action arises under ERISA or the Employee Retirement Income Security Act 

of 1974, 29 USC §§ 1001 et seq., and more particularly 29 USC §1132 (a) (1) (B) 

thereof. This Court has jurisdiction under 29 USC § 1132 (f), which grants to the 

federal court original jurisdiction to determine claims under 29 USC §§ 1001 et 

seq. LOVETT brings this action to recover long-term disability (“LTD”) benefits 

due to her under the terms of an employee welfare benefit plan, to enforce her 

rights under the plan and to clarify her rights to benefits under the terms of the 

plan.

2. LOVETT was at all times relevant a citizen of the United States of America and 

in all respects sui juris.

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3. LIBERTY is a corporation with its principal address in the Commonwealth of 

Massachusetts that is authorized to transact and is transacting business in the 

Southern District of Florida.

4. Venue is proper in this District under 29 USC 1132 (e)(2), in that the defendant, 

LIBERTY, is authorized to and is doing business within the Southern District of 

Florida and “may be found” in the Southern District of Florida.

FACTUAL ALLEGATIONS

5. This case arises out of the purposeful, unwarranted and unlawful denial of 

disability benefits to LOVETT by LIBERTY.

6. LOVETT was at all times material an employee of or former employee of 

Walmart Inc. 

7. By way of her employment at Walmart Inc., LOVETT was at all times material a 

plan participant under Group Disability Income Policy GF3-850-290765-02 (the 

“LTD Policy”), which is a Long Term Disability insurance policy issued and

insured by LIBERTY for employees of Walmart Inc., who is the plan Sponsor. It 

is pursuant to Policy GF3-850-290765-02 that LOVETT is entitled to benefits. A 

copy of Group Disability Income Policy GF3-850-290765-02 as provided by 

LIBERTY to LOVETT is attached as Exhibit “A”. 

8. The LTD Policy is an employee welfare benefit plan within the meaning of Title 

29, USC § 1002 and regulated by ERISA.

9. LIBERTY is the insurer of benefits under the LTD Policy and was the Plan 

Administrator or was appointed by the Plan Administrator as the named fiduciary 

for deciding claims for benefits under the LTD Policy and for deciding any 

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appeals of denied claims.

10. As the decision maker and payer of plan benefits, LIBERTY administered the 

claim with a conflict of interest and the bias this created affected the claims 

determination. As such, LIBERTY is not entitled to a deferential standard of 

review.

11. Pursuant to the terms and conditions of the LTD Policy, LOVETT is entitled to 

LTD benefits for the duration of her disability, or until age 67 years, so long as 

she remains disabled as required under the terms of the LTD Policy. 

12. According to the LTD Policy,

13. Since approximately April 7, 2019, LOVETT has been disabled under the terms 

of the LTD Policy. 

14. After becoming disabled, LOVETT made a timely claim to LIBERTY under the 

LTD Policy for disability benefits and benefits were eventually paid for the period 

of October 6, 2019 through October 5, 2021. 

15. By letter dated August 31, 2021, LIBERTY informed LOVETT that it was 

denying her claim for continued LTD benefits beyond October 5, 2021 as

LIBERTY contended that LOVETT no longer met the definition of disability of 

the policy as of October 6, 2021. 

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16. LOVETT timely and properly appealed LIBERTY’s August 31, 2021 denial 

letter. 

17. By letter dated May 16, 2022, LIBERTY informed LOVETT that it was affirming 

its previous decision to deny LOVETT’s claim for LTD disability benefits beyond 

October 5, 2021 and informed LOVETT that her administrative remedies had 

been exhausted. 

18. At all relevant times, LOVETT complied with all conditions precedent and 

exhausted all required administrative remedies under the LTD Policy.

19. At all relevant times, because of an Injury or Sickness, LOVETT has been unable 

to perform all of the material and substantial duties of her own occupation on an 

Active Employment basis. 

20. At all relevant times, LOVETT has been unable to perform, with reasonable 

continuity, all of the material and substantial duties of any other occupation. 

21. At all relevant times, LOVETT has been under the regular care of a doctor.

22. At all relevant times, LOVETT was a Covered Person under the LTD Policy.

23. From October 6, 2021 through the present date, LOVETT has not received 

benefits owed to her under the LTD Policy, despite LOVETT’s right to these 

benefits.

24. LIBERTY has refused to pay LOVETT’s claim for LTD benefits beyond October 

5, 2021.

25. At all relevant times, LIBERTY was the payer of benefits.

26. At all relevant times, LIBERTY (formerly Liberty Mutual Insurance Company)

was the “Insurance Company” identified throughout the LTD Policy.

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27. At all relevant times, LIBERTY was the Plan Administrator or was appointed by 

the Plan Administrator as the named fiduciary for deciding claims for benefits 

under the LTD Policy and for deciding any appeals of denied claims.

28. At all relevant times, LOVETT has been and remains Disabled and entitled to 

LTD benefits from LIBERTY under the terms of the LTD Policy.

29. LOVETT has been forced to retain the services of the undersigned counsel in 

order to prosecute this action and is obligated to pay a reasonable attorney’s fee.

CLAIM FOR BENEFITS, ENFORCEMENT AND CLARIFICATION OF 

RIGHTS, PREJUDGMENT AND POSTJUDGMENT INTEREST AND 

ATTORNEYS’ FEES AND COSTS PURSUANT TO 29U.S.C. § 1132(a)(1)(B)

30. LOVETT incorporates Paragraphs 1 through 29 as if fully set forth herein.

31. This is a claim to recover benefits, enforce rights, and clarify rights to future 

benefits under 29 U.S.C. §1132(a)(1)(B).

32. Pursuant to 29 U.S.C. §1132(a)(1)(B), LOVETT, as a participant under the LTD 

Policy, is entitled to sue for judicial determination and enforcement of benefits. 

33. LOVETT has no other adequate remedy at law to address the injuries she has 

suffered and will continue to suffer as a result of LIBERTY’s failure to pay her

continued claim for disability benefits under the LTD Policy. 

34. LOVETT has exhausted all administrative remedies under the LTD Policy.

35. Defendant breached the LTD Policy and violated ERISA in the following 

respects: 

(a) Failing to pay LTD benefit payments to LOVETT at 

a time when LIBERTY knew, or should have known, that 

LOVETT was entitled to those benefits under the terms of the LTD 

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Policy, as LOVETT was disabled and unable to work and therefore 

entitled to benefits. 

(b) Failing to provide a prompt and reasonable 

explanation of the basis relied upon under the terms of the LTD 

Policy documents, in relation to the applicable facts and LTD 

Policy provisions, for the termination of LOVETT’s claim for LTD 

benefits; 

(c) After LOVETT’s claim was terminated in whole or 

in part, LIBERTY failed to adequately describe to LOVETT any 

additional material or information necessary for LOVETT to 

perfect her claim, along with an explanation of why such material 

is or was necessary.

(d) LIBERTY failed to properly and adequately 

investigate the merits of LOVETT’s disability claim and failed to 

provide a full and fair review of LOVETT’s claim. 

36. LOVETT believes and thereon alleges that LIBERTY wrongfully terminated her 

claim for disability benefits under the LTD Policy by other acts or omissions of 

which LOVETT is presently unaware, but which may be discovered in this future 

litigation and which LOVETT will immediately make LIBERTY aware of once 

said acts or omissions are discovered by LOVETT. 

37. Following the termination of benefits under the LTD Policy, LOVETT exhausted 

all administrative remedies required under ERISA and LOVETT has performed 

all duties and obligations on her part to be performed under the LTD Policy.

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38. As a proximate result of the aforementioned wrongful conduct of LIBERTY, 

LOVETT has damages for loss of disability benefits in a total sum to be shown at 

the time of trial.

39. As a further direct and proximate result of this improper determination regarding 

LOVETT’s claim for benefits, LOVETT, in pursuing this action, has been 

required to incur attorneys’ costs and fees. Pursuant to 29 U.S.C. § 1132(g)(1), 

LOVETT is entitled to have such fees and costs paid by LIBERTY. 

40. The wrongful conduct of LIBERTY has created uncertainty where none should 

exist; therefore, LOVETT is entitled to enforce her rights under the terms of the 

LTD Policy and to clarify her right to future benefits under the terms of the LTD 

Policy. 

REQUEST FOR RELIEF

WHEREFORE, DREAMA LOVETT prays for relief against LIBERTY 

MUTUAL INSURANCE COMPANY as follows:

1. Payment of disability benefits due to Plaintiff; 

2. An order declaring that Plaintiff is entitled to immediate reinstatement to 

the LTD Policy, with all ancillary benefits to which she is entitled by 

virtue of her disability, and that benefits are to continue to be paid under 

the LTD Policy for so long as Plaintiff remains disabled under the terms of 

the LTD Policy; 

3. In the alternative to the relief sought in paragraphs 1 and 2, an order 

remanding Plaintiff’s claim to the claim’s administrator to the extent any 

new facts or submissions are to be considered; 

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4. Pursuant to 29 U.S.C. § 1132(g), payment of all costs and attorneys’ fees 

incurred in pursuing this action; 

5. Payment of pre-judgment and post-judgment interest as allowed for under 

ERISA; and 

6. Such other and further relief as this Court deems just and proper. 

DATED: November 3, 2022

ATTORNEYS DELL AND SCHAEFER,

CHARTERED

Attorneys for Plaintiff

2625 Weston Road

Weston, FL 33331

(954) 620-8300 

 

S/ Alexander A. Palamara

ALEXANDER A. PALAMARA, ESQUIRE

Florida Bar No: 0037170

Email: alex@diattorney.com

GREGORY MICHAEL DELL, ESQUIRE

Florida Bar No: 299560

Email: gdell@diattorney.com

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