You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Scott v. UNUM Life Insurance Co. of America

Citations: 80 So. 3d 740; 2011 WL 7801556; 2011 La. App. LEXIS 1576Docket: No. 46,652-CA

Court: Louisiana Court of Appeal; December 18, 2011; Louisiana; State Appellate Court

Narrative Opinion Summary

This case involves a dispute between an insurer, Unum Life Insurance Company, and an insured, a master plumber, over the termination of long-term disability benefits. The insured sustained work-related injuries leading to disability claims, which Unum paid initially but later terminated, arguing non-compliance with policy requirements and inadequate proof of disability. The trial court found Unum's policy definition of disability overly restrictive under Louisiana law, particularly La. R.S. 22:990, and ruled that Unum arbitrarily terminated benefits without proper justification. The court reinstated the benefits, imposed penalties, and ordered payment of attorney fees, finding Unum's actions capricious and lacking in probable cause. Unum's appeal challenged the trial court's interpretation of the policy, evidentiary rulings, and penalty calculations. However, the court upheld the findings, emphasizing that Scott met the policy's requirements for regular physician attendance and was improperly denied benefits based on an incorrect interpretation of state law. Ultimately, the penalty was adjusted to equal the benefits due, aligning with statutory interpretations. This decision underscores the importance of adherence to state law definitions of disability and proper procedural conduct by insurers in benefit determinations.

Legal Issues Addressed

Calculation of Penalties under La. R.S. 22:1821

Application: Penalties for arbitrary termination of benefits were calculated as 100% of the benefits due, not 200%, correcting the trial court's initial calculation.

Reasoning: The judgment was amended to reflect these reductions and affirmed at Unum's expense.

Insurance Policy Definition of Disability

Application: The court found the insurance policy's definition of disability to be more restrictive than Louisiana law, requiring revision to comply with state statutes.

Reasoning: The trial court correctly found the policy's definition to be more restrictive than allowed.

Penalty for Arbitrary and Capricious Conduct by Insurer

Application: The court imposed penalties and attorney fees on Unum for arbitrary and capricious termination of benefits, calculating penalties as double the benefits owed.

Reasoning: The trial court's decision to award penalties and attorney fees was upheld, as Unum contested the calculation of these penalties.

Requirement of Regular Physician Attendance

Application: Scott fulfilled the policy's requirements of regular physician attendance despite not seeking orthopedic care as Unum did not require such for continued benefits.

Reasoning: The trial court did not need to assess whether Scott met the policy's attendance requirement, as he was regularly seeing a physician.

Termination of Disability Benefits

Application: Unum's termination of benefits was deemed arbitrary and capricious due to a failure to consider Louisiana regulations and false assumptions about Scott's ability to work in alternative occupations.

Reasoning: The trial court ruled in Scott's favor, finding that Unum's policy definition was overly restrictive under Louisiana law (La. R.S. 22:990(C)).