Disability Insurance Attorney: Unum, Unumprovident, Provident Life & Paul Revere's Bad Faith Tactics - By: William Turley

Based on publicly available federal court records, Unum, Unumprovident, Provident Life, and Paul Revere companies have been named in almost 5,000 civil actions concerning insurance from 2000 to the present. The conduct of these Disability Insurance companies has been beyond outrageous. Time and again they have unfairly denied Disability Insurance Claims.

The following are findings of fact and law in a recent Federal Court Trial concerning Unum, Unumprovident, Provident Life, and Paul Revere companies:

Early in the 1990's Defendant UnumProvident realized that the claims made on the own occupation insurance policies that it sold were putting the company at risk. As a consequence the company underwent a major restructuring of its claim handling practices and philosophy.

Provident went from a company that had a claim payment philosophy to one that had a claims "management" philosophy. The results were profound.

Among the tactics that Provident developed as part of its new claims management approach was the targeting of what it labeled "subjective claims." These were claims based on mental or nervous disorders or claims such as fibromyalgia or chronic fatigue syndrome ("CFS").

These claims which could not be proven by hard medical evidence such as an x-ray were thought to contain a large potential for resolution based on the vulnerability of insureds to pressure tactics.

Another of the tactics that Provident implemented was its practice of claim objectification. Through its practice of imposing objective evidence requirements on its insureds, when its policies contained no such standard, Provident sought to defeat their claims. This standard was imposed even on claims, where the company knew there was no way to obtain objective evidence.

A third tactic that Provident developed was its use of round table reviews. These reviews which involved claim personnel, medical staff, vocational staff, legal counsel, and management personnel focused on high indemnity claims. While notes were occasionally made of what direction the claim should take after a round table review, company policy was to destroy all information regarding who participated in the meetings, what was discussed, and the basis for any decision.

Defendants' also attempted to cloak the round tables with the attorney-client privilege in order to further insulate the actual claims decisions and basis therefore from review.

A fourth tactic that was developed was the Defendants' practice of shifting the burden of claims investigation to the insured. It is undisputed it is an insurer's duty to conduct a reasonable investigation into all available relevant information prior to denying a claim. It is undisputed that an insurer must conduct a reasonable and fair evaluation of the evidence in a non-adversarial fashion.

It is undisputed that an insurer may not deny or terminate a claim based on speculation. It is undisputed that an insurer may not use biased or predictable experts. It is undisputed that insurers have a duty to assist the insured with the claim. Despite the existence of these undisputed obligations that exist in the handling of first party claims, Defendants instructed their employees that it was the insured's obligation to prove his claim.

Employees were instructed to limit their use of independent medical examinations ("IMEs"). Id. They were told that IMEs were not to be used unless absolutely necessary.

The foregoing are just some of the outrageous tactics used by Unum, Unumprovident, Provident Life, and Paul Revere companies. If your disability claim has been denied by Unum, Unumprovident, Provident Life, and/or Paul Revere companies you should consult with a disability claim lawyer.

About the Author

William Turley is a trial lawyer in San Diego, California. He is a Past President of Consumer Attorneys of San Diego and is currently on the Board of Governors of Consumer Attorneys of California. Bill was named a "2010 Top 10 Personal Injury Lawyer in San Diego." Click here for more information on: Unum Claims Attorney , Unumprovident Claims Attorney, Provident Life Claims Attorney, and/or Paul Revere Claims Attorney.

Article Directory Source: http://www.articlerich.com/profile/William-Turley/63381

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