IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

DONNA ANDREW : CIVIL ACTION

2936 Reisler Road :

Oxford, PA 19363 : NO: 02-CV-4478

:

 VS. :

:

FORTIS BENEFITS INSURANCE CO. :

2323 Grand Boulevard :

Kansas City, MO 64108 :

FIRST AMENDED COMPLAINT 

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

Reisler Road, Oxford, PA 19363.

2. 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. 

4. This action is commenced pursuant to the Employee 

Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001,

et seq.

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

of American Telecast Corporation (hereinafter “ATC”).

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

insured under a group insurance policy issued by defendant, being

Policy Number 73483.

7. The aforesaid insurance policy provided coverage for

Case 2:02-cv-04478-PBT Document 9 Filed 06/25/2003 Page 1 of 3
disability benefits under the terms and conditions of the policy.

8. The aforesaid insurance policy, including the coverage for

disability benefits, qualifies as an employee welfare benefit plan

that is subject to and governed by ERISA.

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

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

be disabled or partially disabled on a continuous basis up to the

current date. 

10. Defendant paid plaintiff disability benefits in

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

rate of $1,375 per month.

11. After approximately July 12, 1998, defendant refused to

pay plaintiff disability benefits despite plaintiff’s continuous

disability from that date until the current date, and despite

plaintiff’s entitlement to disability benefits under the plan. 

13. Plaintiff has done and performed all things required of

her under the plan in order to receive disability benefits after

July 12, 1998. 

14. Pursuant to ERISA, plaintiff is entitled to an award of

attorney’s fees and costs of litigation.

WHEREFORE, plaintiff requests judgment against defendant, 

and requests that the Court enter an Order requiring defendant to

pay plaintiff:

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

the date of the filing of this Complaint, which plaintiff believes

Case 2:02-cv-04478-PBT Document 9 Filed 06/25/2003 Page 2 of 3
should be at the rate of $1,375.00 per month, in the approximate

total amount of $82,500.00;

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;

C. Attorney’s fees and litigation expenses; and

D. Such further and additional relief as may be deemed

fair and reasonable.

____________________________

RICHARD K. TEITELL, ESQUIRE

Attorney for Plaintiff

ID# 25428

150 Monument Road, Suite 603

Bala Cynwyd, PA 19004

Tel: 610-668-6424

Fax: 610-668-3664

Case 2:02-cv-04478-PBT Document 9 Filed 06/25/2003 Page 3 of 3