Radecki v. Mutual of Omaha Insurance

I. INTRODUCTION

Tadeusz Radecki submitted an application to Mutual of Omaha Insurance Company (Mutual of Omaha) for long-term disability benefits, claiming that he was totally disabled due to a major depressive episode. Mutual of Omaha denied Radecki’s claim for benefits because it disputed whether he became totally disabled while covered by the policy and because it contended that Radecki’s claim was not timely made. Radecki then brought an action against Mutual of Omaha for bad faith and breach of contract, and the case was ultimately tried to a jury. At the close of Radecki’s case in chief,…