Thursday, June 17, 2010

Disabled physician wins fight against Insurance Company

Here are some interesting snippets from a legal case where a physician fought against Unum Life Insurance Company of America:

This matter is before the Court pursuant to post trial motions brought by both Plaintiff Albert David Matthew, M.D. and Defendant Unum Life Insurance Company of America. Plaintiff brings a Motion to Correct Special Verdict, Award Prejudgment Interest, and Enter Final Judgment and a Renewed Motion for Judgment as a Matter of Law or, in the Alternative, a New Trial Solely on the Total Disability Claim. Defendant brings a Motion for Judgment as a Matter of Law, a New Trial, and a Declaration of Mistrial.

Based upon the submissions of counsel, the Court having reviewed the contents of the file and evidence in this case, and the Court being otherwise duly advised in the premises, the Court hereby enters the following:

1. Plaintiff's Motion to Correct Special Verdict, Award Prejudgment Interest and Enter Final Judgment (Doc. No. [137]) is GRANTED as follows:

a. The Special Verdict is corrected to reflect the amount of $922,906 as the residual disability benefits awarded to Plaintiff;
b. Plaintiff is entitled to the return of premium benefits in the amount of $47,358.15 as stipulated to by the parties;
c. Plaintiff is awarded prejudgment interest in the amount of $498,340 on Plaintiff's residual disability claim; and
d. Plaintiff is awarded prejudgment interest on the return of premium benefits in the amount of $28,810.
You can read the rest here.

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