Dismissal Obtained on Disability Case

In Diaz v. Hartford Life Insurance Company DBA Hartford Disability,(Civil Ct., New York County) RKT Attorney Gavin Reynolds moved to dismiss plaintiff's complaint for failure to state a cause of action.

The plaintiff alleged that RKT's client, Hartford Insurance Company, failed to pay the short term disability benefits for which she had filed. Gavin referred to the New York Workers' Compensation Law regarding the submission of a claim for disability benefits that have been denied, stating that Court was not the proper venue for such a dispute as it has no jurisdiction over the plaintiff's claim.

The plaintiff initially defaulted and the case was dismissed thereafter. The plaintiff moved to vacate the default judgment and restore the case to the calendar. Judge Dawn Jimenez dismissed the plaintiff's case because Gavin argued the proper forum to hear this matter is the Worker's Compensation Board.