MARSHALL - A 50-year-old east Texas man is suing an insurance company and an employee welfare benefit plan to recover disability benefits.

Chiu Ming Cheung filed suit against Metropolitan Life Insurance Co. and Maxim Integrated Products Inc. Plan on March 2 in the Eastern District of Texas, Marshall Division.

Cheung states he is disabled and unable to perform his occupational duties defined in the insurance policy but the insurance company has yet to pay him short-term or long-term disability payments. The policy provides 60 percent of Cheung's monthly earnings less any deductible source of income until the age of 65.

The plaintiff accuses the defendants of failing to process or exercise discretion regarding his claims. In the alternative, Cheung states that the decision to deny his benefits was "arbitrary and capricious.

Cheung is asking the Judge to order the defendants to pay him the full employee benefits incurred, to reinstate him on the policy for future payments, to order reasonable attorney's fees, for pre- and post-judgment interest and to remand the defendants to comply with the terms of the policy

Dallas attorney Bernard A. Guerrini is representing the plaintiff in his allegations.

U.S. District Judge David Folsom will preside over the litigation.

Case No: 2:10cv00072

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