Claim proceeds to trial by jury
A case filed against insurance company Unum will proceed to a trial by jury after Unum’s motion for summary judgment, a motion that would remove a full jury from the trial.
The defendant claimed that the plaintiff, the policy-holder, did not heed their provisions that included the plaintiff seeking appropriate medical care before drawing on his policy. The plaintiff, in return, provided that his condition, bilateral post traumatic carpal tunnel syndromes, did not allow him to work, therefore engaging his policies with Unum. Knowing his responsibility to seek medical care, he consulted a physician, who told him that, given his health, corrective surgery was not the appropriate option.
The court ruled that, although corrective surgery was possible, if the plaintiff’s physician refused the surgery due to possible complications, the policy language did not permit a reconditioning of the plaintiff’s eligibility to receive benefits. The court added that opinions concerning the physician’s role are not suitable for a trial without a jury.
Knowing your legal rights is the best measure to getting what compensation you could be eligible for. If you or someone you love needs legal advice on how to deal with long-term disability insurance, contact the Indiana disability litigation lawyers at the Hankey Law Office, by calling (800) 520-3633 today.