Martin C., a chiropractor, and his Maryland disability attorney filed a lawsuit against Trustmark Insurance Company and Continental Assurance Company on July 27, 2011 for breach of contract when the Trustmark failed to honor Curry’s disability insurance benefit entitlement after he was injured while performing his job.
In November 2003, Dr. C. injured his lower back while performing an adjustment on a female patient. The patient was attempting to stabilize herself during the chiropractic adjustment and her actions caused Dr. C. to permanently injure his lower back, making him unable to perform his duties as a chiropractor afterwards.
Dr. C. Applies for Disability Benefits from Trustmark Insurance
Insured under a disability insurance policy issued by Continental Assurance Company, Dr. C. applied for disability benefits to Trustmark Insurance Company as Trustmark had assumed Continental in 1995. According to his Continental insurance policy, Dr. C. was to receive “disability insurance coverage in the amount of $1,000.00 per month in disability benefits with an Indexed Cost of Living Adjustment Rider and $500.00 per month from social insurance substitute benefits with an Indexed Cost of Living Adjustment Rider for every month that Dr. C. is totally disabled.” According to Dr. C.’s Trustmark disability policy, he qualifies as totally disabled. In addition, Dr. C. made a timely claim as stipulated in his policy. Dr. C. was paid his disability benefits through September 25, 2007, but after that date, the insurer refused to pay his disability benefits.
Lawsuit on Chiropractor’s Behalf against Trustmark
Consequently, in the complaint Dr. Curry has requested $1,500,000.00 in damages to compensate him for his unpaid disability benefits and also have requested the costs of his expenses in the pursuit of his rightfully deserved disability benefits.