IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

DONNA ANDREW : CIVIL ACTION

2936 Reisler Road :

Oxford, PA 19363 : NO: 

:

 VS. :

:

FORTIS, INC. :

One Chase Manhattan Plaza :

New York, NY 10005 :

:

 AND : Jury Trial Demanded

:

FORTIS BENEFITS INSURANCE CO. :

2323 Grand Boulevard :

Kansas City, MO 64108 :

COMPLAINT 

PARTIES AND JURISDICTION

1. Plaintiff is an adult individual with an address at 2936

Reisler Road, Oxford, PA 19363.

2. Defendant Fortis, Inc, is a financial services company

with an address at One Chase Manhattan Plaza, New York, NY 10005,

which upon information and belief plaintiff avers owns co-defendant

Fortis Benefits Insurance Company.

3. Defendant Fortis Benefits Insurance Company is an

insurance company authorized to perform business within the

Commonwealth of Pennsylvania which has an address at 2323 Grand

Boulevard, Kansas City, MO 64108, which upon information and belief

plaintiff avers is a wholly owned subsidiary of co-defendant

Fortis, Inc. 

4. Upon information and belief, plaintiff avers that

defendants are citizens of, and have their principal places of

Case 2:02-cv-04478-PBT Document 1 Filed 07/08/2002 Page 1 of 4
business located in a state other than the Commonwealth of

Pennsylvania.

5. This action is commenced pursuant to 28 U.S.C. Sec. 1332.

COUNT I - BREACH OF CONTRACT

DONNA ANDREW VS. FORTIS, INC., AND 

FORTIS BENEFITS INSURANCE CO.

6. Paragraphs 1 through 5 are incorporated herein as if set

forth at length.

7. At all times relevant hereto, plaintiff was an employee

of American Telecast Corporation (hereinafter “ATC”).

8. Pursuant to plaintiff’s employment at ATC, she was

insured under a group insurance policy issued by defendants, being

Policy Number 73483, which policy is not in the possession of

plaintiff.

9. The aforesaid insurance policy provided coverage for

disability benefits under the terms and conditions of the policy.

10. For a certain time period prior to July 12, 1998,

plaintiff was disabled and since July 12, 1998 she has continued to

be disabled on a continual basis up to the current date. 

11. Defendants paid plaintiff disability benefits in

accordance with the policy until approximately July 12, 1998 at the

rate of $1,375 per month.

12. After approximately July 12, 1998, defendants refused to

pay plaintiff disability benefits despite plaintiff’s continuous

disability from that date until the current date and despite

Case 2:02-cv-04478-PBT Document 1 Filed 07/08/2002 Page 2 of 4
plaintiff’s entitlement to disability benefits under the policy. 

13. Plaintiff has done and performed all things required of

her under the policy in order to receive disability benefits. 

WHEREFORE, plaintiff requests judgment against defendants,

jointly and severally, and requests that the Court enter an Order

requiring defendants to pay plaintiff:

A. All past disability benefits from July 12, 1998 to

the date of the filing of this Complaint at the rate of $1,375.00

per month, in the approximate total amount of $66,000;

B. All future disability insurance benefits from the

date of filing this Complaint until such time that plaintiff’s

disability status changes and she is not entitled to receive

disability benefits, at the rate of $1,375 per month;

C. Such further and additional relief as may be deemed

fair and reasonable.

COUNT II - BAD FAITH (42 Pa. C.S.A. Sec. 8371)

DONNA ANDREW VS. FORTIS, INC., AND 

FORTIS BENEFITS INSURANCE CO.

14. Paragraphs 1 through 13 are incorporated herein as if set

forth at length.

15. At all time relevant hereto, defendant owed plaintiff a

duty of good faith and fair dealing with respect to the handling

and resolution of any claim made by plaintiff for disability

benefits under the aforesaid policy.

16. At all times relevant hereto defendant had an obligation

to fairly and promptly evaluate plaintiff’s claim for disability

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benefits, and make a fair and reasonable offer to plaintiff to

resolve said claims(s).

17. For the reasons set forth above, including but not limited

to defendant's failure to pay disability benefits when due,

defendant's failure to objectively and fairly evaluate the

plaintiff's claim for disability benefits, defendant has violated

the provisions of 42 Pa.C.S.A. Sec. 8371, for which the defendant

is liable for interest on the claim from the date it was made in an

amount equal to the prime rate of interest plus 3%, court costs and

attorney fees, and punitive damages.

WHEREFORE, Plaintiff demands compensatory, consequential, and

punitive damages from the defendants in an amount in excess of

$75,000, plus interest, cost of court, attorney fees, or such other

relief as this Court deems just and proper. 

____________________________

RICHARD K. TEITELL, ESQUIRE

Attorney for Plaintiff

ID# 25428

150 Monument Road, Suite 601

Bala Cynwyd, PA 19004

Tel: 610-668-6424

Fax: 610-668-3664

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