Unum Sued by Policyholder Over Termination of Long-Term Benefits

Kipp was working full-time for Ohio State University as a Registered Nurse until 2009, during which time she paid into Unum’s long-term disability plan through her employer. In 2009, Kipp was diagnosed with breast cancer, as well as lupus, irritable bowl syndrome, fibromyalgia, mitral valve prolapse, and a number of other health problems. Due to her cancer, she underwent a double mastectomy and chemotherapy, according to the Unum lawsuit.

Kipp’s multiple surgeries and grueling medical treatment allegedly left her unable to work in any capacity. Physicians had given her restrictions against any form of exertion, and constant fatigue has left her unable to function in any sort of occupation, according to her Unum lawsuit. Initially, Unum paid out per the terms of her disability insurance policy.

However, in January of 2013, Unum sent her a letter stating that though she could not work as a nurse, “given the fact she has sedentary/light work capacity, she is capable of performing alternate occupations.” The letter advised the plaintiff that her disability insurance would stop paying her.

The Unum lawsuit includes volumes of medical records from various physicians of Ms. Kipp’s. These include documents supporting the diagnoses of lupus, heart problems, fibromyalgia, cancer, and other health issues. The Unum lawsuit also includes correspondence with Unum and the insurance contract.

The lawsuit alleges that Unum’s actions constitute a breach of contract. Her lawsuit holds that she is permanently disabled per her contract with Unum, unable to work in any employment due to her poor health, and that Unum violated the terms of Kipp’s disability insurance when they canceled her benefits.

The lawsuit is seeking a number of benefits for the plaintiff. These include awarding Kipp the disability benefits as provided for her by her disability insurance policy. It also seeks payment of back-owned benefits and legal expenses.

The Unum Disability Insurance Lawsuit case is Barbara F. Kipp v. Unum Life Ins. Co of America, Case No. 13-cv-00666-ALM-MRA, in the Court of Common Pleas – Civil Division, of Franklin County, Ohio.