By TopClassActions  |  December 6, 2013

Category: Labor & Employment
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Lawsuit Seeks to Enforce Short-Term Disability Insurance Policy

By Robert J. Boumis

 


Unum Disability Insurance Denial LawsuitNina Bujacich has filed a lawsuit against Tyler Technologies Short Term Disability Coverage, the company that administered her long-term disability insurance. Her lawsuit alleges that the insurance company  wrongfully denied her short-term disability claim. She is seeking reinstatement of her benefits under the policy. 

According to her insurance denial lawsuit, Bujacich’s initial insurance claim was first denied by her insurance provider in July 2012. She filed an appeal in September of that year, which was denied by April 2013. The insurance plan was operated by Bujacich’s employer, Tyler Technologies, though Prudential Insurance Company of America ultimately underwrote the plan. Bujacich’s disability insurance lawsuit alleges that her insurance company’s actions violate the Employee Retirement Income Security Act of 1974 or ERISA. 

Much of Bujacich’s case relates to ERISA, a law designed to protect policyholders of pensions and long and short term disability insurance. ERISA was the culmination of work started by President Kennedy in the early sixties. Kennedy began to investigate after the Studebaker Corporation, the manufacturers of the eponymous car, went bankrupt, and their poorly-funded pension plan left many employees without retirement security. Through various presidential committees and congressional investigations, the Act was eventually legislated into law, covering various forms of retirement and disability protection. 

While the U.S. Department of Labor is charged with the responsibility of enforcing the Act, ERISA is designed in such a way that part of the enforcement is intended to be pursued through civil actions like those of Bujacich. However, a policyholder can only take legal action under ERISA after thoroughly exhausting any internal appeals process offered by the insurance company. Bujacich’s disability insurance lawsuit asserts that she has completely exhausted the appeals process outlined by the policy. 

Bujacich’s insurance denial lawsuit asserts that Bujacich is entitled to short-term disability insurance payments per the plan. She seeks the instatement of benefits, as well as accrued payments dating back to her initial claim for short-term disability insurance benefits. Additionally, the lawsuit seeks interest on the accrued payments, as well as legal fees for the cost of bringing suit against the plan’s administrators. 

The disability insurance lawsuit is Nina J. Bujacich v. Tyler Technologies Inc., et al, Case No. 3:13-cv-05854, in the U.S. District Court for the Western District of Washington. 

If you’ve had a long-term disability insurance policy denied, you may feel powerless. Large insurance corporations have a way of making their words seem final. It is important to remember that you still have rights, and there are steps that you can take to regain a measure of control over your situation. You can start by visiting the Unum/UnumProvident Disability Insurance Claim Denial Class Action Lawsuit Investigation. Here, you can enter information about your situation for a legal review from a trained expert with a background in this type of litigation. The initial consultation is completely free of charge, and from it, you can receive additional guidance on the best steps to take in your exact situation. 

 

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