An Unum lawsuit filed by a dentist alleges the insurance company acted in bad faith when it wrongfully denied his legitimate claims for disability benefits.
Bad faith is a legal term meaning that one party in a contract is trying to avoid their legal obligations in a contract. In the case of Unum bad faith lawsuits, the contract is the insurance policy.
Unum Lawsuit Filed by a Dentist
According to the Unum lawsuit filed by a dentist, plaintiff Joseph P., a licensed dentist who lived and practiced dentistry in New York purchased three “own occupation” Disability Income Insurance policies from Unum subsidiary Provident Life during the course of his career.
On Aug. 24, 2011, almost 30 years after purchasing the first policy, Dr. Joseph began experiencing symptoms in his left wrist associated with joint arthritis, carpal tunnel syndrome, and ulnar neuropathy. He was subsequently diagnosed with all these conditions.
These symptoms materially interfered with his ability to practice dentistry as he had previously, he claims. Dr. Joseph’s conditions progressively worsened over the next two years, he says. As of October 2013, at the age of 61, he was no longer able to practice dentistry due to these disabling impairments.
As a result, Dr. Joseph filed a claim for disability benefits under the terms of his policies, because he was unable to perform the duties of his occupation as a dentist.
His claim for disability benefits was approved in December 2013, and Unum specifically acknowledged that Dr. Joseph was disabled.
However, Dr. Joseph says that in July 2014, Unum asserted he was disabled as a result of a “sickness” rather than an “accident” or “injury.” Therefore his monthly disability benefits would be limited to 48 months under each of the three policies issued by Unum.
Dr. Joseph disputes the assertions that his disability was a result of a “sickness.”
He subsequently provided affidavits from witnesses and his doctors that his disability was in fact caused by an accident which occurred in 2003 while he was attempting to push two heavy suitcases on to a large stacked luggage rack aboard a cruise ship. The accidend caused significant pain to his left wrist, he says.
Dr. Joseph’s Unum lawsuit alleges that Unum decision to limit his disability benefits to a 48-month maximum period was “self-serving, arbitrary, and lacked any evidentiary support.”
The lawsuit goes on to state that Unum’s decision also lacked any good faith basis and runs contrary to documented medical accounts of Dr. Joseph’s accident.
He is requesting the court enter judgment adjudicating that he is currently disabled due to his accident and within the meaning of his policies. He also seeks an award of compensatory and punitive damages.
Filing an Unum Bad Faith Lawsuit
Unum bad faith lawsuits can be the last line of defense for policyholders who allege that their disability benefits claims were wrongfully denied.
If your claim was unfairly denied or terminated, a Unum lawsuit or Unum class action lawsuit may be the only way to recover your losses and receive the insurance money you deserve.
The Unum Lawsuit filed by a dentist is Case No. 16-8332, in the U.S. District Court for the Southern District of New York.
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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