On May 22, 2017, a disability insurance lawsuit filed by a doctor was registered in U.S. District Court, Northern District of Alabama, Southern Division. In said lawsuit, former otolaryngologist Jonathan L., is holding Paul Revere Life Insurance and Unum Group, formerly known as UnumProvident Corporation, responsible for failure to pay claims against his disability insurance policy as originally presented to him.

Disability Insurance Lawsuit Filed by a Doctor Alleged Bad Faith

Jonathan, plaintiff and former otolaryngologist ─ also known as an ear, nose, and throat physician ─ says he purchased a disability policy from the defendants in March 1995. This policy was allegedly sold under the auspices of providing monthly total disability benefit.

This total disability benefit was offered based on being unable, due to injury or disease, to perform the major medical duties of his job. According to the Unum lawsuit documentation, another policy offering was a residual disability benefit.

This disability insurance lawsuit filed by a doctor states that the residual disability benefit would become available if:

• The plaintiff became unable to perform one or two duties of his job, but could still otherwise function as a doctor
• The plaintiff experienced income reduction because of his inability to perform the full duties of his position

Insurance Companies Accused of Fraud

In this disability insurance lawsuit filed by a doctor, the plaintiff accuses the insurance companies as having engaged in fraud. Jonathan L. says that he was dependent upon the expertise of the defendants when it came to determining his insurance needs.

He relied upon the information they provided to him which led him to believe the policy was a worthwhile investment that would protect him against potentially significant losses to his income in unforeseen health crises.

Jonathan alleges that the defendants fraudulently guided him to purchase the disability policy with the understanding that final claim adjudication would be based upon the assessment of his personal, independent physician rather than an internal physician of the insurance companies.

In this disability insurance lawsuit filed by a doctor, the plaintiff also alleges that the defendants referred to the policy as transportable and irrespective of his employment status.

In other words, the insurance companies induced Jonathan to purchase the policy based on the understanding that if he should become unemployed, the policy would follow him and remain in effect, he claims.

Claim Denial

According to the Unum lawsuit documentation, Jonathan L. was forced to decrease his workload in 2013 after paying on the disability policy for roughly 18 years. He was diagnosed with hepatitis with the possibility of lymphoma, or cancer of the lymph nodes.

He says he was paid benefits for approximately a quarter of the year in 2013, but attempted to return to work the next year, exacerbating his condition. He went back on total disability in late summer of 2014, but his health continued to go downhill anyway.

The lymphoma spread throughout his body and he had to undergo multiple cancer treatments which nearly cost him his life on several occasions. After conquering these treatments, he worked on rehabilitative skills for close to year before trying to get back to working.

He attempted to return to the workforce early in 2016, but at a diminished capacity. No residual disability benefits were paid in spite of being unable to surpass 40% of former workload capacity. In July of 2016, Unum Group closed his claim and Jonathan responded by filing this lawsuit.

Jonathan has brought forth a number of allegations against the disability insurance provide including breach of contract, bad faith, fraud, suppression, negligent misrepresentation and conspiracy. In his request for relief, “Plaintiff requests that judgment be entered against Defendants for compensatory and punitive damages in an amount to be determined by struck jury, plus interest, costs, attorney fees, and such other, further, and different relief as may be appropriate”

The Unum Bad Faith Insurance Lawsuit is Case No. 2:17-cv-00836-KOB, in the U.S. District Court for the Northern District of Alabama, Southern Division.