A New York federal magistrate judge dismissed Unum’s attempt to cloak the discussions between its lawyers and its claim representative deciding a long term disability appeal. Unum was ordered to either turn over the written communications to the disabled person’s attorney or to give them to the judge to review.
During a litigation concerning a disputed long term disability claim, Unum is required by procedural rules to give the disabled plaintiff documents showing what happened during the claim and the administrative appeal. In the case of McFarlane v. First Unum Life Insurance Company, Unum held back memos between the Unum representative and Unum’s attorneys of discussions that occurred while she was deciding the appeal claiming they were protected by the attorney-client privilege.
Because Unum has been the subject of numerous bad faith court cases across the country, suspicion follows the company in every forum. The court found that because the communications occurred before Unum’s ultimate decision to deny benefits, and Unum has a duty to disclose all happenings in connection with its claim decisions, the court ordered Unum to turn over the documents.
Gisonni Law Firm focuses its practice on disability claims and litigation for disabled people in New York, New Jersey and the tristate area. For an understanding of your legal rights from the perspective of a highly experienced disability attorney, call Gisonni Law Firm today.