Home Insurance Law Denied Lengthy-Time period Incapacity Advantages Trial Victory

Denied Lengthy-Time period Incapacity Advantages Trial Victory

Denied Lengthy-Time period Incapacity Advantages Trial Victory


An Oakland-based Household Apply physician was denied the long-term incapacity advantages that had been promised by way of an ERISA plan issued by her employer and insured by Unum Life Insurance coverage Firm of America. Nevertheless, she acted rapidly and introduced within the skilled workforce of incapacity attorneys at Donahue & Horrow LLP to combat for her. Proudly, we secured a trial victory on her behalf.

Our shopper suffered from Persistent Migraine Dysfunction and different situations that rendered her unable to carry out the duties of her job.  Unum didn’t dispute that our shopper was disabled, however fairly, asserted that she had not been working sufficient hours per week to qualify for advantages below the ERISA plan.  Nevertheless, an additional investigation carried out by the Donahue & Horrow LLP workforce, revealed that her employment file contained ample proof that she was working 30 hours per week previous to her incapacity, clearly outlining that she was eligible for protection below her employer’s long-term incapacity coverage.  Nevertheless, regardless of this overwhelming proof, Unum continued to disclaim our shopper’s declare for advantages.  

On behalf of our shopper, Donahue & Horrow LLP sued Unum in Federal Courtroom, alleging that the choice to disclaim the declare for advantages was faulty and violated the plain phrases of her Plan.  Following trial briefing and a bench trial earlier than United States District Choose, Yvonne Gonzalez Rogers, the Courtroom dominated in favor of our shopper.  Choose Rogers defined that Unum’s denial determination was faulty as a result of – as we argued – the plain language of the Plan solely required that the doctor is working no less than 30 hours per week to be thought-about in “energetic employment” and that she submitted dependable proof that she was, in truth, working no less than 30 hours per week previous to her incapacity.  

Unum has appealed the choice to the Ninth Circuit and Donahue & Horrow LLP continues to combat relentlessly for the incapacity advantages our shopper was promised and owed. Be taught extra about our method to long-term incapacity insurance coverage denial.

When you have a long-term incapacity coverage and are contemplating making a declare or have had your declare denied, we’re right here to assist. There aren’t any out-of-pocket bills for you in anyway. Name our workforce right now to be taught extra (877) 664-5407.



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