The wording of your Paul Revere or Provident disability contract is as valuable as if it was written in gold. That’s because Unum, the mammoth company deciding your claim under these contracts, can’t change the words unless you agree. And why would you ever do that?
Notorious for its unscrupulous claims tactics, Unum has recently come up with another sneaky approach to change the words you purchased. All individual disability policies require as a condition to receiving benefits that you be under the care of a physician. Some policies have language that say that the care must be appropriate for the condition causing the disability.
In a recent case that Unum lost, the insurer argued that a dentist in Michigan who had carpal tunnel syndrome could not be paid disability benefits because she elected not to undergo carpal tunnel surgery. Unum was arguing in effect that appropriate care for the condition was invasive and risky surgery. Unum attempted to rewrite the contract by including the requirement of surgery as appropriate care when the contract never contained that language!
The court would have no part of Unum’s argument. The court pointed out that the policy language did not require any insured to undergo surgery as a condition to payment of benefits. In further admonishing Unum, the Judge highlighted the fact that Unum did not present any evidence that such a surgery would return the disabled dentist to a wage-earning ability in dentistry with the same dexterity and flexibility she had before she became disabled.
Don’t let Unum rewrite your disability insurance policy. If you are caught in a whirlwind of Unum’s shenanigans, call Gisonni Law Firm.
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.