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September 2013 Archives

More on Freeland v. Unum, a case litigated by DeBofsky, Sherman & Casciari

Freeland v. Unum Life Ins.Co. of America, 2013 U.S.Dist.LEXIS 116931 (W.D.Wisc. August 19, 2013)(Issue: Risk of Disability)(opinion_and_order.pdf). A key focus of the court's ruling was on the Unum Regulatory Settlement Agreement of 2004, which required Unum to consider the co-morbidity of multiple impairments and give significant weight to Social Security determinations. Based on those guidelines, and taking Unum's inherent conflict of interest into consideration, the court found that Unum's second benefit termination was arbitrary and capricious. Ultimately, however, the court also focused on the policy limitation applicable to psychiatric illness and upheld Unum's finding that the limitation was applicable, thus restricting Freeland to a maximum of 24 months of benefits. The court explained:

DeBofsky, Sherman & Casciari, PC