A Unum claim denial lawsuit was filed by a California man against Unum Life Insurance Company for allegedly wrongfully denying his benefits.

Plaintiff Kirk Hull alleges that despite meeting the requirements of his long-term disability insurance plan, he was denied his benefits. Hull had been employed by the Wiseman Company LLC and had been provided long-term disability benefits after the company initiated coverage in 2002. Hull was employed to secure leases for rental properties owned by clients of the company and was working more than 20 hours per week. He was paid regularly on a commission basis, and was not considered a typically full-time or part-time employee.

Overview of Unum Claim Denial

Despite the employment status of Hull, he was approved to receive disability coverage from his employers in 2003. The owner of the company at the time gave his permission for the plaintiff to receive his benefits. His Unum lawsuit notes that the owner wrote a note on the Benefits & Cost Summary that stated: “ensure Kirk Hull is covered.”

The Unum claim denial lawsuit notes that the company paid for his coverage for a decade, until 2013, when Hull suffered a debilitating and permanent injury of a stroke, which permanently impaired him from working. Hull applied for long-term disability coverage in the same year, and was officially approved for such benefits on Aug. 16, 2013. While he had received the monthly benefit payments smoothly at first, Hull started facing complications early this year, when Unum sent a letter to him stating that he was never eligible for these long-term benefits, and would therefore no longer be receiving them. The basis of Unum’s decision was that he was considered an “outside contractor,” and was ineligible to receive benefits because he was not an “active employee.”

Wiseman’s disability insurance plan does not exclude independent contractors or others who are paid by commission, and does not support Unum’s claim denial letter, according to the Unum long-term disability insurance denial lawsuit. On June 13, the Unum lawsuit said Hull had sent a request letter to Unum asking for the documents, which included the underwriting file. The underwriting file is the document regarding the group policy issued to Hull’s employer, along with any communications relevant to the insurance policy and to the lawsuit. Unum has refused to provide the documents. Additionally, Unum denied appeal of the plaintiff, effectively exhaust all administrative options.

Hull’s Unum lawsuit accuses Unum of bad faith insurance practices, and wrongfully denying his long-term disability benefits.

This Unum Claim Denial Lawsuit is Kirk Hull v. Unum Life Insurance Company, Case No.3:14-cv-03332-JSC, in the U.S. District Court for the Northern District of California.