A former Special Education Aide recently challenged a bad faith disability insurance denial in U.S. Court in Austin, Texas on Feb. 9, 2018.

The plaintiff, Joanne S., says she was employed in the Elgin Independent School District which contracted its long-term disability insurance benefits through Unum Life Insurance Company of America.

Joanne alleges that Unum Life stands in breach of their contract with her through a bad faith disability insurance denial that occurred on Sept. 4, 2016.

Previously, Joanne claims, the insurance company had approved her benefits through September. But as of the former date, the company allegedly claims that her conditions do not meet the necessary criteria that define disability under the plan going forward.

According to the narrative of the lawsuit, the plaintiff stopped working in 2014 and filed for benefits due to a multitude of physical problems including bilateral Meniere’s disease, a condition affecting the membranes of the ears that brings on periodic vertigo, ringing in the ears, and deafness.

She also suffers from weakness along one half of her body, migraine headaches, double vision and difficulty articulating speech. The origin of these conditions hasn’t been identified, but co-morbidity with an asthma and reflux disease is mentioned in the bad faith disability insurance denial lawsuit.

Joanne, following administrative protocol, filed an appeal of the bad faith disability insurance denial in early April 2017, but was subsequently denied a second time by Unum less than a month later. She claims an unpaid to-date amount due that includes short and long-term disability benefits to be $16,200.

Accounting for benefits owed up until age 65 per her contract with Unum, she has also determined that her future benefits from December 2017 to September 2026 would total $76,722.87.

Through her contracted attorneys, Joanne S. is accusing Unum Life Insurance Company of America of being in breach of contract. She is also accusing the company of failing to take on a reasonable investigative process prior to denying her claim.

This fact, combined with their alleged lack of punctual and fair execution of a claim to which they were clearly responsible, allegedly puts them in violation of the State of Texas Insurance Code, Joanne argues. In her bad faith disability insurance denial lawsuit, the plaintiff brings action against Unum for Violation of Texas Insurance Code Section 542.003, points (b)(3), (b)(4) and (b)(5).

Joanne is asking for declarative relief with the court’s determination that she is in fact disabled according to the definition under the contracted policy. She asks for damages to be awarded that include an interest rate of 18 percent as defined by Texas Insurance Code 542.060.

Joanne also hopes for additional compensation in the form of statutory, treble, and exemplary damages along with the return of reasonable attorney and court fees.

The Bad Faith Disability Insurance Denial Lawsuit is Case No. 1:18-cv-00128-RP in U.S. District Court, Western District of Texas, Austin Division.

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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