A disability insurance policyholder claims he was denied Unum long term disability despite having paid for disability insurance.

Plaintiff Richard C. has filed a complaint against John Hancock Life Insurance Company and Unum Group claiming that he was wrongfully denied Unum long term disability even though he paid for disability insurance.

John Hancock issued two disability insurance policies to Richard, the first in 1984 and the second in 1987. Richard allegedly paid premiums on both insurance policies for nearly 30 years. Both policies allegedly provided lifetime benefits for any disability that begins before the policy holder’s 60^th birthday and are payable through the policy holder’s 65^th birthday.

At the beginning of his insurance policies, Richard worked as an optometrist in Ohio and performed eye examinations, refractions, and diagnosed and treated glaucoma.

In the 1990s, Richard says, he began developing bilateral osteoarthritis in both shoulders. His arthritis quickly progressed and, by 2003, his condition prevented him from performing his job duties without pain. Richard then had an outside company perform a vocational assessment which allegedly concluded that Richard had cut back on his schedule due to pain and presented a high risk for further progression.

By 2009, Richard’s arthritis had progressed and he started the process of pursuing Unum long term disability so he could sell his practice. The lawsuit claims that Unum stalled the claim process until after Richard’s 60^th birthday in October 2011. In 2013, 14 months after Richards 60^th birthday, Unum finally agreed that Richard was totally disabled.

Later that year, Unum allegedly sent a letter stating the following: “We have determined your total disability is due to a sickness and your benefit period is for your lifetime under both the above-named policies”. This sentiment was allegedly reaffirmed in 2014 and 2015.

However, in 2016, Richard allegedly received a letter stating that his Unum long term disability benefits would cease after he turned 65. Unum allegedly claimed that his disability claim was not accepted until he stopped working at age 61, so his benefits would not last his whole lifetime. In his lawsuit, Richard claims that Unum never communicated with him that working until age 61 would forfeit his lifetime disability benefits.

Richard also alleges that Unum intentionally delayed the processing of his claim so that he wouldn’t be eligible for lifetime benefits. He argues that his Unum long term disability was interfered with so that Unum didn’t have to pay him his lifetime benefits. “Unum intentionally interfered with the contracts between [Richard] and John Hancock, and Unum’s actions resulted in John Hancock breaching both contracts. Unum’s actions were motivated by financial gain. […] Unum’s actions were intentional and malicious,” the lawsuit alleges.

Richard accuses John Hancock and Unum of breach of contract, intentional interference with contract, lack of good faith, fraudulent concealment, fraudulent misrepresentation, and negligent misrepresentation. He seeks a declaration that he was entitled to total Unum long term disability, damages in excess of $75,000, courts costs, and attorneys’ fees.

The Unum Long Term Disability Lawsuit is Case No. 3:18-cv-00448-JJH in the U.S. District Court for the Northern District of Ohio.

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