TopClassActions  |  September 19, 2013

Category: Labor & Employment

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Unum Policyholder Struggles to Get Benefits 

By Jessica Tyner

 


Unum Disability Insurance LawsuitClark Weimer Jr. is the latest Unum policyholder to file a lawsuit against the insurance giant. He claims that when he applied for benefits after becoming disabled from his job at Wells Fargo, Unum denied his claim with just cause. 

Like many workers, Weimer didn’t think much about his long-term disability (LTD) insurance until he needed it. He’d had his Unum insurance policy for many years. On or about October 1, 1997, Unum issued a disability income insurance policy to Weimer, and he had assumed that, if the worst should happen, he would be protected. Unum is one of the largest insurance providers in the country, and many employees have a policy with them. However, Unum has made headlines for failing to pay out benefits, canceling for no reason, and in general making the process a nightmare for policyholders. Weimer filed his Unum lawsuit on August 30, 2013 as a last resort.

Given that Weimer’s “regular occupation at the time of his disability involved a great deal of driving and travel to meet and confer with clients and prospects to develop insurance sales, together with computer and phone tasks to develop sales proposals,” he was no longer able to perform those duties after becoming disabled, the lawsuit says. “The Plaintiff’s last day of work was June 24, 2011. The Plaintiff became unable to perform the material and substantial duties of his regular occupation due to symptoms and pain associated with degenerative disc disease in the lumbar, thoracic and cervical spine, together- with leg and knee pain.”

Weimer says in the Unum lawsuit that he underwent an anterior cervical discectomy and fusion and lumbar microdiscectomy fusion in October 2011. He now takes several medications daily for his symptoms, which affect his mental acuity. In a letter dated September 16, 2011, Unum acknowledged that Weimer was Income Benefit disabled, approved his claim and assigned a June 25, 2011 date of disability. Unum paid Weimer monthly benefits for his disability through March 2013, after the expiration of the policy’s elimination period. However, in a letter dated April 3, 2013, Unum denied further payment of benefits under the policy, claiming that Weimer “is no longer disabled.” 

According to the Unum lawsuit, Weimer “has complied with all conditions precedent to entitle him to benefits under the aforesaid policy, but Unum has refused and continues to refuse to pay such claim.” 

Weimer’s complaint is shared by hundreds of other policyholders who say they’ve been forced to sue Unum in order to get the benefits they paid for.

There have been exposés on Unum, highlighted on CBS and NBC, where former employees have revealed a bonus structure designed to encourage policies to be canceled or deemed inappropriate. This preys on policyholders during their most difficult time: When facing a disability. Not all Unum victims are as driven as Weimer, and there are likely many people who have simply given up. Unum has also been accused in other cases of refusing any information from doctors outside their own employment, not replying to letters or phone calls, and in short making the process impossible to comply with. 

Weimer Takes on the Giant

At the core of Weimer’s Unum lawsuit is breach of contract. The insurance company simply didn’t comply with the agreement, he says. 

“As a direct and proximate result of such breach of contract by Unum, the Plaintiff has sustained actual, consequential and incidental damages including but not limited to: Loss of such past due policy benefits’ which aggregate at the time of filing this Complaint approximately $5,000.00; Loss of continuing premium payments; and Loss of use of such monies,” the lawsuit states.

The case is Clark Weimer Jr. v. Unum Life Insurance Company of America, Case No.: 2:13-cv-14352-DLG, the Circuit Court of the Nineteenth Judicial Circuit. 

Did Unum Deny Your Benefits?

Were you denied a Unum claim or did your payments stop unexpectedly? If so, you might have a Unum legal claim. Discover more by visiting the Unum/UnumProvident Disability Insurance Claim Denial Class Action Lawsuit Investigation. After you submit your information, an attorney will contact you if you qualify for a free Unum claim review.

 

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