Saturday, September 8, 2018

Unum Motion To Remand Denied

I have a case pending in federal court against Unum for wrongful termination of long term disability (“LTD”) benefits. Besides previously approving the LTD benefits, Unum had also approved my client’s benefits under a short term disability plan, as well as under an Individual Disability Insurance policy. 

After the court denied Unum’s motion to dismiss, Unum filed a summary judgment motion that asked the court to remand the case to Unum. There are hundreds of reported cases where Unum files motions to affirm its decision to deny or terminate disability benefits. Unum’s seeking a remand is an admission that it knows its decision to terminate my client’s LTD benefits cannot be sustained. 

Friday, the court denied Unum’s motion to remand, and ruled that a bench trial with medical witnesses will be scheduled in early January. The court also actually stated on the record that my client will likely prevail at the trial. Norman Bress and Peter Kouros will probably be Unum's witnesses, and possibly Gary Greenhood too. If anyone has information about any of those Unum doctors that they are willing to share, please contact my office.

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