Free Consultation 877.583.2524
We do not handle social security disability claims
logo celebrating

Nationwide Leaders in Disability Insurance Law

shook hands

Court Finds UNUM Abused Its Discretion in LTD Termination

Friday, August 30th, 2013

Another Federal Judge has determined that UNUM abused its discretion in terminating benefits to a physician with a group long term disability insurance policy. The Court, applying its 4th Circuit review procedures, determined that UNUM unreasonably determined that the claimant had not worked the minimum hours for coverage, and that it was “willfully blind” to the most relevant information in the record and drew unwarranted conclusions unfavorable to the claimant.

The Court determined that the records was “replete with reliable, objective evidence” yet UNUM failed to give proper credit to such evidence. The concept of willful blindness is common, as too often, insurers fail or refuse to properly undertake an investigation to secure the most appropriate evidence, choosing instead to isolate records or evidence favorable to its position.

The Court also considered evidence of UNUM’s conflict of interest, noting that the substantial amount of the monthly benefit was a factor, and rejecting UNUM’s argument that it took steps to reduce any perceived bias or conflict of interest. Finally, the Court also took notice of UNUM’s history of biased claim administration in its consideration of the conflict.

The Court ultimately decided that the claimant was entitled to his back benefits rather than a remand of the case.

Schindler v. UNUM Life

Categories

Archives

Ready To Talk?

Fill out the form to request a FREE legal consultation

Sorry, we do not handle SSDI/Social Security claims.

Frankel & Newfield does not currently handle any Social Security Disability Insurance claims.

CLOSE

*Required fields are marked

I have read the disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

CLOSE

This is about a Social Security Disability claim.

Ipad image

Download Our Free eBook

FILING A DISABILITY INSURANCE CLAIM

Secrets the Disability Insurance Companies Don't Want You to know! Download Now

HELPING THE DISABLED NATIONWIDE

No matter where you are nationwide, we are here to help.

We have the resources and support to take on the largest insurance companies.

Contact us today for our nationwide service.

CHAT
NOW