A Michigan disability attorney, on behalf of a disabled Michigan client, filed a lawsuit against the Unum Life Insurance Company of America (UNUM) at the District Court for the Western District of Michigan. In Kristina M. Arbelius V Unum Group D/B/A Unum Life Insurance Company of America, the plaintiff Kristina M. Arbelius alleged that UNUM committed a breach of a disability insurance policy that the plaintiff participated in.
The Statement of Facts in the Lawsuit
The plaintiff Kristina M. Arbelius was formerly a pacemaker technician working for the Marquette General Hospital. And as an employee of the Marquette General Hospital, she was covered by a disability insurance policy that was issued by UNUM. Under the disability insurance policy, the plaintiff was to be paid monthly long term disability (LTD) benefits in the event that the plaintiff was prevented from doing her job due to an injury or a sickness.
On September 18th 2007, as a result of pain associated with fibromyalgia and behavioral health symptoms, the plaintiff stopped working. The plaintiff, at the time of stopping her employment, was also suffering from diarrhea, fatigue, nausea and vomiting. As a result, the plaintiff was approved for LTD benefits on December 17th 2007. The plaintiff was also informed that she was subjected to a 24 month mental and nervous limitation.
On March 4th 2010, the plaintiff was sent for an independent medical examination conducted by UNUM’s hand-picked physician. Subsequently after the medical examination, the plaintiff’s LTD benefits were terminated by UNUM on June 15th 2010. According to the lawsuit, the discontinuation of LTD benefits was despite the fact that the plaintiff was having physical conditions and limitations confirmed by her treating physicians which rendered her unable to perform any type of employment. In support of the plaintiff’s argument, the Social Security Administration had also classified the plaintiff as being disabled with physical limitations and restrictions which are permanent and prevented her for from ever working again in any capacity.
As such, the plaintiff alleged that as a result of UNUM’s unlawful action, UNUM had:
- Breached the terms of the disability policy
- Acted in Bad Faith
The plaintiff further alleged that UNUM had caused her to suffer damages in the form of disability benefits not paid but should have been paid by UNUM under the terms of the policy in addition to the interest on that amount.
Relief Sought By the Plaintiff
Because of UNUM’s action, the plaintiff is seeking from the Court the following relief:
- For an amount of money which will fully compensate her for losses sustained;
- For costs, disbursements, and attorney fees;
- For such other and further relief as the court deems just and equitable;
- For an award of punitive damages;
- For a determination outlining her future rights under the terms and conditions of the disability policy from Unum Group, d/b/a Unum Life Insurance Company of America.
In addition to the above mentioned relief sought, the plaintiff is also demanding a trial by a twelve person jury.
About the author: Gregory Michael Dell is an attorney and managing partner of the disability income division of Attorneys Dell & Schaefer. Mr. Dell and his team of lawyers have assisted thousands of long-term disability claimants with their claims against every major disability insurance company. To request a free legal consultation call 800-411-9085.