• Is Unum Denying More Disability Benefit Claims Than Usual?
  • Unum / Provident / Paul Revere Long & Short Term Disability Claims (Ep. 13)
  • Unum Disability Denial & Appeal Tips
  • Deposition of Insurance Co. Employee in a Disability Insurance Benefits Denial Lawsuit (Ep. 19)
  • Did Disability Insurance Claims Examiner Understand A Physician's Job Duties? (Ep. 22)
  • What relationship does UNUM have with hired doctors in disability insurance claims?
  • UNUM Lump Sum Settlement / Disability Lump Sum Buyout
  • 24 Month Self Reported Symptoms Limitation in Unum Disability Policy Case Study
  • Tips About a Unum Medical Examination in a Disability Benefit Claim

Court Rules for Paul Revere/UNUM and Holds Plaintiff is not Totally Disabled

In Fiorentini v. Paul Revere Life Insurance Company, Plaintiff Henry Fiorentini, CEO and owner of his own information-technology company Panatech, was granted total disability in 2009 due to problems he had when basal cell carcinoma attacked his right ear. The ear was amputated in 2008.

In 2014, Paul Revere learned Plaintiff had returned to work full-time, assuming his position as CEO, so it terminated his benefits. Plaintiff filed a lawsuit for breach of contract in the District Court for the Northern District of Illinois, Eastern Division, alleging that Paul Revere improperly terminated his total disability benefits. The District Court ruled in favor of Paul Revere and Fiorentini appealed.

Fiorentini is Not Disabled Under the Terms of the Disability Contract.

Even though Plaintiff returned to work full-time, he claimed he should still receive disability benefits because he could not do one of the four parts of his occupation. The Appellate Court disagreed, finding that the policy language was unambiguous in its definition of total disability, which said that total disability means “You are unable to perform the important duties of your occupation.”

The appellate court upheld the district court’s ruling, finding that the one part of his job that he said he could not perform was minor. He was still able to “perform all other important duties of his position and to exercise full control of the company.” The policy’s total disability provision did not cover the insured who had “diminished ability to perform his occupation.”

Policy’s “Residual Disability Benefits” Provision Could Have Helped Fiorentini

Paul Revere suggested that Plaintiff apply for residual disability benefits which would have likely helped him. It provided some benefits to those who, like Plaintiff, suffered from a reduced capacity to work, but could still work. Plaintiff refused to apply for these benefits and allowed his policy to lapse.

Facts Did Not Support Plaintiff’s Claim

Although Plaintiff claimed the one portion of his job he could not do was to meet with new clients to convince them to buy his company’s products, he was able to meet face-to-face with continuing clients, renewed his pilot’s license and often flew to meet other recreational pilots for breakfast. He conducted a 90-minute seminar for other flying enthusiasts, and played weekly in an adult hockey league. The court found this evidence did not support his allegations that he could no longer meet with new clients in order to sell them the products of his company, Panatech.

This case was not handled by our office, but we believe it may be helpful to those who can go back to work, but not perform all of their job duties. If you have any questions about this case, or any aspect of your disability claim, contact us for a free consultation.

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Questions About Hiring Us

Do you help Paul Revere claimants nationwide?

We represent Paul Revere clients nationwide and we encourage you to contact us for a FREE immediate phone consultation with one of our experienced disability insurance attorneys.

Can you help with a Paul Revere disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Paul Revere. We have helped thousands of disability insurance claimants nationwide with monthly disability benefits. With more than 40 years of disability insurance experience we have helped individuals in almost every occupation and we are familiar with the disability income policies offered by Paul Revere.

How do you help Paul Revere claimants?

Our lawyers help individuals that have either purchased a Paul Revere long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer.

Our experienced lawyers can assist with Paul Revere:

  • ERISA and Non-ERISA Appeals of Disability Benefit Denials
  • ERISA and Non-ERISA Disability Benefit Lawsuits
  • Applying For Short or Long Term Disability Benefits
  • Daily Handling & Management of Your Disability Claim
  • Disability Insurance Lump-Sum Buyout or Settlement Negotiations

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

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