Arkansas plaintiff David H. is suing Unum Life Insurance Company for wrongfully denying him long-term disability benefits. For 29 years, David made his livelihood as an accomplished orthodontist. He took out a long-term disability insurance policy with Unum in 1993, and claims to have never missed a day of work due to injury or illness prior to suffering a head injury that disabled him in 2013.

The incident caused him to suffer pain, neuropathy, tingling, weakness, and numbness in his right hand. David returned to work for a short time after suffering the injury, but quickly noticed that he could not perform the duties required for his orthodontic practice. He did not have full use of both hands, and dropped some instruments during procedures.

David filed for long-term disability benefits, and sent all required paperwork to Unum. Along with the paperwork, David sent a witness statement from his guest who saw the injury take place.

David’s Unum policy required that to qualify for long-term disability benefits, the claimant’s condition must be caused by either accident or injury, could not be pre-existing, and would preclude the claimant from maintaining his or her current occupation, thus significantly decreasing their income levels. David’s lawsuit stresses that his disability meets that criteria, as it was caused by an unexpected injury that kept him form working as an orthodontist and he provided sufficient proof, including eye-witness testimony and medical evidence.

Overview of Unum Claim Denial Allegations

While Unum agreed that David was disabled, the insurance company claimed that the disability was due to illness, not injury. This distinction means that David will receive only partial benefits, resulting in a difference of $6,000 per month in disability payments.

David immediately appealed this decision, submitting additional testimony from his doctors and eyewitness. He also pointed out that he had no medical history of the symptoms he is contending with from his head injury. Unum denied David’s appeal, maintaining that his condition was due to illness despite all medical evidence stating otherwise.

David’s lawyers claim that Unum may have practiced bad faith insurance by deciding to give David only partial benefits. David has exhausted all administrative options and has filed the Unum lawsuit seeking all missed insurance payments and punitive damages.

This Unum Lawsuit is David H., DDS, MS v. Unum Life Insurance Company of America, Case No. 2:15-cv-02146-PKH, in the Circuit Court of Sebastian County, Arkansas Fort Smith Division.