Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
A former Special Education Aide recently challenged a bad faith disability insurance denial in U.S. Court in Austin, Texas on Feb. 9, 2018.
The plaintiff, Joanne S., says she was employed in the Elgin Independent School District which contracted its long-term disability insurance benefits through Unum Life Insurance Company of America.
Joanne alleges that Unum Life stands in breach of their contract with her through a bad faith disability insurance denial that occurred on Sept. 4, 2016.
Previously, Joanne claims, the insurance company had approved her benefits through September. But as of the former date, the company allegedly claims that her conditions do not meet the necessary criteria that define disability under the plan going forward.
According to the narrative of the lawsuit, the plaintiff stopped working in 2014 and filed for benefits due to a multitude of physical problems including bilateral Meniere’s disease, a condition affecting the membranes of the ears that brings on periodic vertigo, ringing in the ears, and deafness.
She also suffers from weakness along one half of her body, migraine headaches, double vision and difficulty articulating speech. The origin of these conditions hasn’t been identified, but co-morbidity with an asthma and reflux disease is mentioned in the bad faith disability insurance denial lawsuit.
Joanne, following administrative protocol, filed an appeal of the bad faith disability insurance denial in early April 2017, but was subsequently denied a second time by Unum less than a month later. She claims an unpaid to-date amount due that includes short and long-term disability benefits to be $16,200.
Accounting for benefits owed up until age 65 per her contract with Unum, she has also determined that her future benefits from December 2017 to September 2026 would total $76,722.87.
Through her contracted attorneys, Joanne S. is accusing Unum Life Insurance Company of America of being in breach of contract. She is also accusing the company of failing to take on a reasonable investigative process prior to denying her claim.
This fact, combined with their alleged lack of punctual and fair execution of a claim to which they were clearly responsible, allegedly puts them in violation of the State of Texas Insurance Code, Joanne argues. In her bad faith disability insurance denial lawsuit, the plaintiff brings action against Unum for Violation of Texas Insurance Code Section 542.003, points (b)(3), (b)(4) and (b)(5).
Joanne is asking for declarative relief with the court’s determination that she is in fact disabled according to the definition under the contracted policy. She asks for damages to be awarded that include an interest rate of 18 percent as defined by Texas Insurance Code 542.060.
Joanne also hopes for additional compensation in the form of statutory, treble, and exemplary damages along with the return of reasonable attorney and court fees.
The Bad Faith Disability Insurance Denial Lawsuit is Case No. 1:18-cv-00128-RP in U.S. District Court, Western District of Texas, Austin 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.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
Get Help – It’s Free
Get Help With Your Long Term Disability Insurance Appeal
If you were denied a disability claim or had your disability benefits terminated without reason, you may be able to take legal action against the insurer. See if you qualify by filling out the short form below.
An attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.
Please Note:Â If you want to participate in this investigation, it is imperative that you reply to the law firm if they call or email you. Failing to do so may result in you not getting signed up as a client, if you qualify, or getting you dropped as a client.