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January 2015 Archives

Unum abused discretion in denying fibromyalgia claim

DeBofsky, Sherman & Casciari recently won the case of Warner v. Unum Life Ins. Co., No. 12 C 02782, 2014 U.S. Dist. LEXIS 178765 (N.D. Ill. Dec. 31, 2014), where the district court granted summary judgment for the plaintiff, ruling that Unum Life Insurance Company ("Unum") acted arbitrarily and capriciously by disregarding the results of a functional capacity evaluation the plaintiff underwent that found her incapable of performing her former occupation as a nurse due to fibromyalgia, chronic back pain, and other impairments.

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