By Amanda Antell  |  December 28, 2017

Category: Consumer News

Disability Insurance Claim FormUnum Life Insurance Company of America is facing a new disability income insurance lawsuit from a California man alleging the insurance provider wrongfully denied him long-term disability benefits.

After a series of internal appeals, the man’s disability income lawsuit ultimately alleges Unum denied his claim in bad faith and wrongfully denied him his disability benefits.

Plaintiff Gary M. is filing this disability income insurance lawsuit alleging the insurance company ignored the fact he met all eligibility requirements and ignored important testimony from his physician. Since he became disabled, Gary says he has been unable to work and was supposed to receive disability income insurance when he needed it.

According to the disability income insurance lawsuit, Gary had been the CEO and President of a Los Angeles garment manufacturing company from 1974 to late 1998. The company was known as G.S.M. Enterprises Inc. and specialized in ladies fashion sportswear, with Gary in charge of some of the most important administrative duties in the company.

During his employment, Gary purchased an individual disability income insurance policy by Unum that was supposed to engage should he ever become injured or disabled. Gary’s policy had promised to pay a total monthly disability amount of $2,950 per month in the event of “total disability.”

Overview of Disability Income Insurance Lawsuit

In the case of total disability, the policy was supposed to be immediately enacted if Gary cannot perform work or enter a similar occupation due to injury or sickness.

Gary also had to have a regular physician to tend to his disability, which he reportedly needed for his Epstein Barr syndrome and chronic fatigue syndrome (CFS). Unum initially paid the disability benefits beginning in 1989, and then continued to paiy for them for six years.

However, Unum had reportedly ceased these payments on July 18, 1996, when the company filed a Declaratory Relief action against Gary alleging he was not fully disabled and did not suffer from CFS. Unum alleged Gary had been improperly diagnosed with CFS, with their expert witness stating the conclusion did not come from a competent and credible physician.

Ultimately the trial ended in favor for Unum, forcing Gary to pay $670,000 in back residual disability benefits along with additional interest. By 1998, Gary claims, his CFS worsened, and he was forced to close his business on the advice of his treating physicians.

Gary once again filed for long term disability benefits for Unum in 1999, in which he supplied all medical testimony from his treating physicians to Unum. Gary also filed different documentation regarding the state of his business and other information Unum required during the evaluation of his claim.

However, Unum once against subjected Gary’s claim to one of their own medical experts, who reportedly found contradicting factors from his physicians. Unum sent Gary a claim denial letter on Oct. 17, 2001, with the company stating it did not have sufficient medical evidence to support his claim for disability insurance income.

Since then, Gary has repeatedly tried to claim his long term disability benefits with Unum denying him on more than four occasions. Currently, Gary has exhausted all administrative remedies and has been forced to resort to legal action.

This Disability Income Insurance Lawsuit is Case No. 8:17-cv-02149, in the U.S. District Court for the Central District of California.

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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