By TopClassActions  |  October 11, 2013

Category: Labor & Employment
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Texas Man Files Unum Lawsuit for Denied Disability Benefits

By Courtney Coren

 

Unum insurance lawsuitA Texas man has filed a lawsuit against Unum Life Insurance Company of America to recover benefits from a long-term disability insurance policy that he says Unum denied him after he became disabled following an on-the-job injury. 

Unum is a large insurance company that provides employee benefits to 17 million Americans, including disability, life, accident and critical illness insurance during times of unexpected illness or injury that may require a prolonged absence from work.

Darren Danos lives in Gilmer, Texas and worked for Trican Well Service until 2009, when he was injured while working on a job that left him disabled. Danos had a long-term disability insurance policy through his employer that was issued by Unum. 

After the injury, Danos filed a claim with Unum to begin receiving the disability benefits that he had been paying for. Initially, Unum approved his claim and began paying Danos those benefits. However, Unum later denied Danos his benefits and stopped paying them altogether. Danos then went through the appeals process with Unum and has now exhausted all remedies available to him through the insurance company. After receiving Unum’s final claim denial on Aug. 9, 2013, Danos decided to file this Unum lawsuit. 

Danos claims that Unum has violated the Employee Retirement Income Security Act of 1974 (ERISA). ERISA is the federal law that dictates how employee benefit plans are supposed to operate. The law requires insurance companies to provide coverage as agreed upon with their clients, according to the contract that was set up when the policy was implemented. It also grants policy owners the right to sue if they believe they have not been paid benefits that they are owed. 

“A civil action may be brought by a participant or beneficiary to recover benefits due to him under the terms of his plan, to enforce his rights under terms of the plan or to clarify his rights to future benefits under the terms of the plan,” the law states. 

Danos believes that the facts and circumstances of his case will clearly show that he has a right to both the past and future benefits that Unum owes him, according to the terms of his Unum insurance policy. He is asking Unum to pay him the disability benefits he has been denied and to reinstate his benefits going forward. He is also asking for interest on the benefits owed, attorneys’ fees, and whatever other compensation the court decides is appropriate. 

The Unum lawsuit is Darren J. Danos v. Unum Life Insurance Company of America, Case No. 2:13-cv-00760-JRG, in the U.S. District Court for the Eastern District of Texas, Marshall Division.

If you or someone you know had insurance benefits run out prior to when they should have as a customer of Unum Life Insurance Co. of America, legal options are available. Learn more and get a free legal consultation regarding a claim’s eligibility at the Unum/UnumProvident Disability Insurance Claim Denial Class Action Lawsuit Investigation. Experienced legal professionals are available to determine if you have case, so act now. 

 

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