A breast cancer patient has filed a group disability insurance lawsuit seeking benefits denied by Unum Life Insurance Company.

The plaintiff in this case is Alma P., a citizen and resident of the state of California, County of Riverside. Alma names as defendants Unum Life Insurance Company and her employer, Vantage Benefits Administrator Inc., who together provided the insurance plan at issue.

This group disability insurance lawsuit seeks damages under the Employment Retirement Income Security Act, or ERISA.

Alma P. is 46 years old and operates in the capacity of Director of Client Services for Vantage. She claims in this group disability insurance lawsuit that Unum is required to pay according to the terms of the plan.

According to the narrative in this group disability insurance lawsuit, Alma P.’s disability plan went into effect on April 1, 2016. She stopped working to receive treatment for breast cancer two months later on June 3, 2016.

She had first gone to her primary care physician for another issue in March and was referred for a routine mammogram later that month.

The results of this test led to a follow-up ultrasound and then a biopsy on April 7, 2016. Alma P., as indicated in the group disability insurance lawsuit, was not fully diagnosed with breast cancer until April 18, 2016—a full 18 days after her disability insurance had gone into effect.

Nevertheless, according to the factual section of the documentation, Unum denied her claim by calling it “a pre-existing condition” because a routine screening mammography was ordered in the three months preceding the start date of her policy.

The Definition of Disability According to the Plaintiff’s Policy

According to the narrative in the group disability insurance lawsuit, Unum defines disability as a limitation because of illness or injurious event on a person’s ability to perform the major duties of their occupation.

A person who suffers a 20% decrease in overall income because of this limitation and is not beleaguered by a pre-existing condition is considered disabled.

Unum Life Insurance Company denied Alma P.’s claim by December 2016, and she submitted an appeal by the end of May 2017. This appeal was then again denied for the same reason. Unum alleged Alma had a pre-existing condition because of suspicious findings documented in results of screening mammogram on March 29, 2016.

Pursuant to ERISA, the plaintiff is bringing one count against the defendants for breach of contract for long-term disability insurance payments totaling $3,520.84 monthly.

She is asking for this amount from Dec. 5, 2016 to the present and continuing thereafter. She is also asking for appropriate interest on the sum owed and a return of all attorney fees and court costs incurred.

The Group Disability Insurance Lawsuit is Case No. 2:17-cv-07691-GW-AGR in U.S. District Court for the Central District of California, Western Division.

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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