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UNUM INSURANCE
by Jane Mundy
Unum Group (formerly UnumProvident) is one of the largest disability insurance underwriters in the U.S. More than 50 million US workers rely on disability insurance -- Unum has about a quarter of the market -- and without it, many families would suffer needless hardship. Disability insurance is usually offered as a benefit to employees through their place of employment and if an employee has a legitimate claim, it usually represents at least half their income.
But Unum also receives countless complaints of denials of legitimate disability insurance claims.
Insurance companies such as Unum practice bad faith when it fails to pay a claim without justification or if it violates the insurance coverage policy. A few of Unum's tactics to deny a claim include:
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Failure to properly investigate a claim;
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Unreasonable delay in making payments to the policy holder;
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Unreasonable termination of an insurance claim that should have been paid;
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Use biased medical exams that deem someone fit to work even against the advice of their treating physician
Legal settlements were reached by regulators in 2004 and 2005 that required UnumProvident Corp. (now Unum Group) to re-evaluate hundreds of thousands of disability insurance claims that it had rejected. They also required Unum to change its medical review process by considering treating physicians' opinions.
However, according to the LA Times (April 12, 2007), Unum has reviewed fewer than 10% of the 290,000 claims eligible for a second chance, including 25,000 in California. Unum replied that only a small percentage of cases were reviewed because most worker claimants chose not to reopen their cases; instead claimants apparently accepted the company's decision.
This means that legitimate disability claims from Unum policyholders continue to be rejected, causing families to suffer financial and emotional hardships. As well, workers are often forced to return to the workplace against their doctor's advice.
But Unum said it expected to overturn about 9,000 cases nationwide and pay $478 million in claims. That is yet to be seen.
Unum recently changed its name from UnumProvident as part of a rebranding and possibly an attempt to distance itself from its bad image and history of bad faith insurance practices. A spokesperson for the company said it is a "new company" and the new brand has three components it wishes to present:
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Offers products and benefit plans that go beyond disability insurance;
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Is focused on customer service;
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Is people-oriented.
Unum Lawsuit
Many policy holders would disagree with Unum's new company components. Currently, in the lawsuit Weiss v. First Unum Life Insurance Co., the 3rd U.S. Circuit Court of Appeals has revived a RICO suit against First Unum Life Insurance Co., a major setback for the insurance company.
Plaintiff Richard Weiss claims that First Unum terminated his long-term disability claim because it exceeded $11,000. Unum allegedly cut off his benefits without consulting his medical records or ordering tests that would have confirmed the severity of his disability: Weiss, an investment banker, suffered a heart attack and is subsequently disabled.
During litigation, Unum resumed paying Weiss' disability benefits, but Weiss has continued with the lawsuit, stating that denying his benefits was illegal and triggered damages under RICO. It is thought that Weiss will triumph at his trial and his claim that First Unum engaged in an illegal pattern of denying claims for no valid medical reasons.
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