Wednesday, December 19, 2018

Unum Avoids Trial

I filed a lawsuit in federal court against Unum for wrongful termination of long term disability (“LTD”) benefits in October 2016. Unum was never able to identify a single medical test, exam finding, or symptom that had changed, let alone improved, since it approved the claimant’s LTD benefits, as well as her short term disability benefits and her individual disability policy benefits. 

Unum filed a motion to dismiss the action, and lost. Then Unum filed a motion for summary judgment, asking the court to remand the case, and they lost again. Since Unum always asks courts to uphold their decision, asking for a remand was an admission that they knew their decision was wrong. Now, just days before pretrial submissions were due for the trial, which is scheduled to begin next month, Unum asked the court to cancel the trial because they are reinstating the claimant’s benefits. 

Unum knew all along that it lacked any legitimate defense for its decision to terminate LTD benefits. When it became obvious that my client would reject their low ball settlement offers, and would proceed to trial, Unum asked to cancel the trial at the eleventh hour. My client refused to waive her right to statutory attorney fees as the prevailing party, interest, and costs.

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