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Suzanne Tupper vs. APCO Worldwide Inc.; Unum Life Insurance Company of American

Case Conclusion Date: 02.16.2006

Practice Area: Employee benefits

Outcome: Summary Judgment in favor of Plaintiff

Description: Suzanne suffers from Undifferentiated Connective Tissue Disease & Rheumatoid Arthritis. Undifferentiated Connective Tissue Disease is a physical and/or organic disabling disease for which there is no known cure. Suzanne is unable to work because she is disabled due to her medical condition. Suzanne was eligible to receive long-term disability benefits as an employee of APCO Worldwide Inc., until the age of 65. She was paid approximately three months of short-term disability benefits through May 2003. On November 25, 2002, Defendant UNUM advised Suzanne that payment of her claim would be limited to 24 months due to “a disability which is primarily based on self-reported symptoms.” Unum, on August 20, 2004, last denied Suzanne's appeal for long-term benefits asserting that no further benefits were due. Unum conducted it's own claim review process in an arbitrary and capricious manner that resulted in the denial of her valid claims despite Plaintiff's presentation of objective medical proof of her disability, supported by her treating and examining physicians. Suzanne filed suit in October 2004. On February 13, 2006, Judge Coughenour ruled in favor of Plaintiff.

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