A new Unum lawsuit was recently filed in a California federal court, alleging that the disability insurance company wrongfully denied the plaintiff’s insurance claims.

The Unum bad faith lawsuit was brought by plaintiff Orna A. against Unum Life Insurance Company of America and Daughters of Charity Health System Flexible Benefits Plan.

Disability Denial Lawsuit Allegations

Orna is a resident of California who claims that Unum violated the Employee Retirement Income Security Act of 1974 (ERISA). The claim denial lawsuit was filed in California federal court after Unum upheld its decision to deny her claim for long term disability benefits.

According to the disability insurance lawsuit, Orna was issued an employee welfare benefit plan by her employer, St. Vincent Medical Center, which provided employees with long term disability that would pay a portion of the employees income during periods of disability.

The Unum lawsuit states Orna was employed as a registered nurse in the Critical Care Unit at St. Vincent Medical Center from December 1991 until August 2011. Unfortunately, Orna had to stop working in August of 2011 due to multiple sclerosis and spinal stenosis, which caused her to experience back pain, right leg weakness and difficulty with walking.

Orna’s worsening symptoms eventually prohibited her from being able to perform the tasks required by her occupation. Multiple sclerosis is a degenerative disease and a patient’s symptoms become worse with the passing of time. Unum made Orna’s the disability payments for several years, but then began questioning Orna’s level of disability.

In April of 2014, after reviewing a report written by an Unum examining doctor the company decided Orna was able to work full time either as a Triage Nurse or a Telephonic Nurse Case Manager. Even though several prior doctor examinations had suggested otherwise.

At the end of April 2014 Unum denied Orna her long term disability benefits. In her Unum lawsuit, Orna is seeking damages for Unum’s breach of contract, interest paid on payments owed, and attorneys fees.

Background on Unum

Unum is one of the largest disability insurance companies in the United States. Almost 40% of all disability policies are handled through Unum or Unum Provident. Several lawsuits have been filed against Unum, claiming that the company has systematically denied disability insurance claims in order to increase profit.

Unum lawyers are currently looking for potential plaintiffs to bring disability lawsuits against the company. Whether or not a Unum lawsuit should be brought is a decision that should be made on a case by case basis with the advice of a legal professional. Successful lawsuits or settlements may allow victims to recover and reinstate disability payments that they have been denied.

In 2002, an Unum plaintiff was awarded $36 million in a lawsuit against the company after a jury found that Unum had unfairly denied his disability claim. Lawsuits like these help hold large companies accountable for their actions.

The Unum Lawsuit is Case No. 2:15-cv-0626-R-FFM, in the U.S. District Court in the Central District of California.