By Robert J. Boumis  |  August 25, 2014

Category: Consumer News

UnumA Tennessee dentist has filed an Unum bad faith lawsuit, alleging that Unum Life Insurance Company of America is wrongfully denying his legitimate insurance claim.

Bad faith is a legal term meaning that one party in a contract is trying to avoid their legal obligations in a contract. In the case of Unum bad faith insurance lawsuits, the contract is the insurance policy.

According to the Unum lawsuit, Dr. Vaughn Patterson began working as dentist at Commercial Dental on July 30, 2012, and was told that his disability insurance paperwork had to be in by Sept. 29, 2012 to LBMC Employment Partners LLC, a human resources service provider. The paperwork reportedly was turned in to LBMC by Sept. 28, 2012.

On Oct. 3, 2012, Patterson was injured in a serious car accident, according to the Unum disability insurance lawsuit.

In this car accident, Dr. Patterson sustained a serious head injury and a concussion. This reportedly left him with post traumatic stress disorder, as well as apparent neurological damage, which causes symptoms like hand tremors and trouble understanding speech. The Unum bad faith lawsuit claims that Unum has not disputed Dr. Vaughn’s disability status.

However, Unum has alleged that Dr. Patterson’s policy was not yet in effect when he suffered his injuries. Unum has cited specific passages within the policy that indicate the paperwork had to be received within 30 days of the start of employment, a period which would have expired in August, not the end of September. Based on this, Unum denied Dr. Patterson’s initial claims and subsequent appeals.

However, Dr. Patterson’s Unum bad faith lawsuit alleges that his employer gave different instructions that the paperwork had to be filed by Sept. 29, 2012. Despite the fact that Dr. Patterson was able to show this in writing, Unum has denied his subsequent appeals.

The insurance claim denial lawsuit also includes LBMC, which is the insurance broker that provided the wrong date for when the Unum disability insurance paperwork needed to be filed.

Dr. Patterson’s Unum bad faith lawsuit alleges that Unum is intentionally interpreting the terms of the contract in such a way as to prevent the company from paying Dr. Patterson’s disability insurance benefits. His Unum bad faith lawsuit alleges that it is an inherent conflict of interest that Unum, the party that would have to his disability benefits, is the party that decides if Dr. Patterson’s claim is legitimate.

Unum bad faith lawsuits can be the last line of defense for policyholders who allege that their insurance claims were wrongfully denied. Under federal law, specifically the Employee Retirement Income Security Act (ERISA), a policyholder may file an disability insurance lawsuit against an insurance company or pension plan to allege bad faith and seek to have their benefits instated. Unum has faced similar Unum bad faith lawsuits in the past.

The Unum Bad Faith Insurance Lawsuit is Vaughn Patterson v. Unum Life Insurance Company of America, et al, Case No. 3:14-cv-01562, filed in the U.S. District Court for the Middle District of Tennessee, Nashville Division.

In general, insurance bad faith lawsuits are filed individually by each plaintiff and are not class actions.

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