Trial Court Upholds $4.2 Million Verdict Obtained by Greene Broillet & Wheeler, LLP in Lawsuit Against Paul Revere Life Insurance Company and UNUM Group
Award for wrongful denial of disability benefits to policyholder.
April 14, 2011
A Los Angeles Superior Court trial judge has rejected a motion for a new trial in a case against defendants Paul Revere Life Insurance Company and UNUM Group involving a disability insurance policy. The jury had previously found the defendants liable for bad faith and breach of an insurance disability contract before awarding $4.2 million in damages to the insured.The plaintiff, a dental hygienist, first purchased an individual disability insurance policy from Paul Revere in 1988. After she began to suffer from several disabling medical conditions in 1996, including carpal tunnel syndrome and severe pain in her upper extremities, the plaintiff was unable to perform the repetitive motions and precise hand manipulations called for when cleaning patients' teeth.
By 1999, she could no longer work. The terms of her policy entitled her to disability benefits for the rest of her life, even if she was able to perform alternative work. But on March 31, 2008, UNUM Group abruptly stopped paying disability benefits. The plaintiff subsequently filed suit, represented by Mark T. Quigley and Ivan Puchalt with the Santa Monica, California, law firm of Greene Broillet & Wheeler, LLP.
The plaintiff's attorneys convinced the jury that, in terminating the benefits, UNUM Group ignored the recommendations of plaintiff's treating physician, who supported her disability and had decided not to wait for the results of an MRI test that would have supported her claim. At trial, plaintiff's attorneys provided examples of UNUM's bad faith behavior, including misuse of surveillance video and selective use of independent medical examinations.
The $4.2 million verdict includes both compensatory and punitive damages. Attorney Ivan Puchalt commented on the case: "Hopefully, UNUM heard the message sent by the Jury to cease their bad faith conduct. Only time will tell."
EDITOR'S NOTE:
The plaintiff was represented by Mark Quigley and Ivan Puchalt with the Santa Monica, CA. law firm of Greene Broillet & Wheeler (www.greene-broillet.com): Tel: 310-576-1200.
Defendant Paul Revere Life insurance Company and UNUM Group were represented by Edwin A. Oster, Barger & Wolen, LLP; Tel: 949-757-2800
Contacts
Greene Broillet & Wheeler, LLP
Audra Philbin
Director of Marketing
310-576-1200, ext. 215
aphilbin@greene-broillet.com