Meredith Friesen  |  March 2, 2015

Category: Consumer News

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claim-denial-injuryA Unum lawsuit was filed by a Maryland doctor after Unum Life Insurance Company allegedly engaged in a bad faith insurance denial. Although the plaintiff claimed she provided more than enough evidence of her disability, her long-term disability benefits were ultimately denied by Unum.

Plaintiff Judith C. suffered from bilateral carpal tunnel syndrome. In July 2013, she claimed she was completely disabled and turned to Unum, her long-term disability provider, for coverage. However, Unum found that Judith was not disabled and therefore not qualified to receive long-term disability benefits, according to her Unum lawsuit.

Judith underwent surgery that aided her carpal tunnel in 2008. While this did help her for a few years, it was not a permanent solution. In January 2013, she was forced to reduce her workload due to her growing disability, according to the Unum lawsuit. In June 2013, she reportedly began dropping medical instruments, experiencing numbness in her fingers, and was required to slow or stop procedures due to her severe carpal tunnel syndrome.

Ultimately, she was no longer to work as a podiatric surgeon and submitted a claim for disability insurance benefits. She began to receive long-term disability benefits from Unum Life Insurance Company beginning in December 2013. On April 1, 2014, Unum practiced bad faith insurance denial practices and denied her claim because “it concluded that she did not have limitations that would preclude her from performing her occupational duties as a podiatric surgeon,” according to the Unum lawsuit.

The Unum lawsuit states that this decision was “arbitrary and capricious, without justification or legal cause.” Judith stated she was disabled and believed herself to qualify for the benefits that she had paid for.

Unum’s choice was allegedly based on an “independent” physician who was to examine the patient and tell Unum if the plaintiff did qualify for long-term disability benefits. However, the physician used for Judith’s examination was “under no circumstance” independent, according to the Unum lawsuit. Unum’s actions would be, therefore, a conflict of interest as they are both responsible for the opinion of the physician and for providing the plaintiff’s disability insurance, the Unum lawsuit alleges.

Furthermore, the physician used to ascertain disability stated that Judith had a “mild abnormality,” according to the Unum lawsuit. Although the plaintiff strongly disagreed with this diagnosis, even if it were true the plaintiff would still qualify for long-term disability insurance because she would be unable to perform her job, the disability insurance lawsuit alleges.

Judith was granted disability insurance from the Social Security Administration in July 2013. Since then, Unum has maintained that the plaintiff does not qualify for disability insurance and that she is able to perform all tasks associated with her job.

Judith is seeking damages and appropriate compensation for alleged breach of contract and for all benefits due her.

This Unum Lawsuit is Case No. 1:15-cv-00339, in the U.S. District Court for the District of Maryland.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The bad faith insurance attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or Unum class action lawsuit is best for you. [In general, Unum bad faith lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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