Unum faces a new lawsuit from a consumer alleging that the insurance company denied disability benefits based on false information and willful lack of investigation.

Plaintiff Brian H. recently filed a lawsuit against First Unum Life Insurance Company and Unum Group, alleging that he was denied disability benefits after the insurance company failed to properly investigate his claim.

Before Brian became disabled, he was a managing director in Deutsche Bank’s Technology Investment Banking Group and the Head of Global Communication Technology Corporate Finance.

Brian says that while traveling for his job in October 2009, he was injured at the TSA checkpoint in Boston Logan Airport. Brian was transported to a hospital where he was told he had herniated and ruptured discs in his lower back and torn the labrum in his right hip.

His doctors directed him to undergo hip and back surgeries, according to the complaint. In January 2010, Brian underwent his spinal surgery and required months of rehabilitation and recovery. In December 2010, he underwent hip surgery and required similar time to recover.

After his injury, Brian says he mostly worked from home. In April 2010, Deutsche Bank told him he would not be receiving a raise or bonus, as most of the company had, and that he would be terminated as of April 2010.

After his loss of income and termination, Brian sought benefits through Unum in April 2010. However, Unum denied disability benefits in June 2010, claiming that he did not suffer a 20 percent loss of income due to an injury as required under the terms of their policy.

Unum’s decision was allegedly based on a conversation with Deutsche Bank human resources, during which an employee claimed that Brian’s lack of bonus and subsequent termination was due to performance, not injury. The employee indicated she was unable to confirm this is writing. In December 2010, Brian appealed Unum’s decision, providing evidence that his loss of income was due to injury. Despite this evidence, Unum denied disability benefits yet again.

In October 2011, Brian filed a lawsuit against Deutsche Bank, alleging that they discriminated against him based on his disability. In 2015, the lawsuit was settled out of court. The settlement allowed discovery and documentation to be given to Unum, so that the full scope of information was available.

In July 2013, Brian filed a lawsuit against Unum, alleging that they wrongfully denied disability benefits and failed to provide him with a full and fair review of his claim. The case was stayed through May 2015 to wait for the resolution of the employment case. After the discrimination case was resolved, Brian spent years sending a large amount of information to Unum in attempt to have his claim approved.

However, despite information sent to Unum, the insurance company allegedly failed to review the information and speak with Deutsche Bank officials regarding Brian’s employment. When Brian attempted to appeal the decision and find more information, he learned that Unum did not review the information because it was not sent to them by Deutsche Bank.

“Any failure on the part of Deutsche Bank to respond to Unum’s 2017 request for information is the direct result of Unum’s failure to conduct the timely review it was required to perform in 2010, when [Brian] filed his claim for benefits,” the Unum denied disability benefits lawsuit claims.

Brian has filed a new lawsuit against Unum, seeking all denied disability benefits and interest, restitution, court costs, and attorneys’ fees.

The Unum Denied Disability Benefits Lawsuit is Case No. 1:18-cv-11504 in the United States District Court for the District of Massachusetts.

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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