A Las Vegas man’s disability insurance claim was denied by a federal appeals court when the judge decided that the man earned too much money after he suffered an injury while hunting.
The U.S. Ninth Circuit Court of Appeal ruled in favor of Unum Life Insurance Co., which denied Robert B. Fier’s disability insurance claim after he was shot by a drunk person while hunting. The accident left the man as a quadriplegic. Fier worked in a management position at Boyd Gaming and bought into a disability and accidental dismemberment policy from Unum.
Boyd put Fier in a different position at the company after the accident that happened in 1992. The new job was geared toward Fier’s disabilities but he was still making the same amount of money as before. In 1997, Fier’s salary was cut and he was transferred to a different position. From 1997-2004, Unum had paid out $152,069 on his policies. Eventually, Fier left his job in favor of another company that paid him what he used to get from Boyd. That’s when Unum cut off Fier’s benefits, causing Fier to file a lawsuit.
However, the judge in the case, Chief District Judge Roger Hunt of Las Vegas, flat-out rejected Fier’s claim and when the case went to appeals court, it upheld Judge Hunt’s decision. The court explained that Fier’s policy clearly stated that the disability payments would stop if he started making more than 80 percent of the salary he made before the injury. Unum tried to get reimbursed for some of the monies that they paid out to Fier in disability, but the judge rejected the request. Unum didn’t bother to file an appeal.
If you have had your disability insurance benefits claim denied or terminated by Unum, contact disability insurance lawyer Greg Jones today for a free consultation. I am an experienced disability insurance attorney that will fight hard to get you every dime that you deserve for your insurance claim.