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Hinshaw & Culbertson LLP efficiently represented Unum Life in an ERISA incapacity advantages case.
The Ninth Circuit Courtroom of Appeals lately affirmed the judgment entered in favor of Unum Life Insurance coverage Firm of America in a case involving a declare for incapacity advantages by a former engineer at The Aerospace Company. Unum issued the group insurance coverage coverage that funded the incapacity advantages supplied below Aerospace’s ERISA-governed worker welfare profit plan.
The claimant asserted he was completely disabled on account of power fatigue syndrome, however Unum decided he was able to performing his occupational duties and due to this fact not entitled to advantages below the phrases of the plan. The district court docket, making use of a de novo customary of evaluation, agreed with Unum that the medical proof didn’t set up that the claimant was completely disabled. The court docket additionally held that Unum was entitled to judgment on Plaintiff’s declare for breach of fiduciary responsibility below ERISA Part 502(a)(3).
Hinshaw accomplice Robert Hess (Image) represented Unum at trial within the district court docket (Central District of California), and on enchantment earlier than the Ninth Circuit.
Concerned charges earner: Robert Hess – Hinshaw & Culbertson;
Regulation Corporations: Hinshaw & Culbertson;
Purchasers: Unum Life Insurance coverage Firm of America;