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Insurance
Bad Faith
Fraud and Deceit

Michael Don, Executor of the Estate of Ruben Don, Leroy Little, by and through his Guardian ad Litem Tamara Pelham, and Carolyn Jan Little, individually and as the Class Representatives on behalf of those insureds similarly situated v. Unum Group, Unum Life Insurance Company of America

Published: Jun. 18, 2016 | Result Date: Mar. 9, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 2:13-cv-04502-DSF-VBK Settlement –  $46,000,000

Court

USDC Central


Attorneys

Plaintiff

Allan A. Shenoi
(Shenoi Koes LLP)

Daniel J. Koes
(Shenoi Koes LLP)

Christopher C. Vader
(Law Offices of Christopher C. Vader)


Defendant

Joshua E. Anderson
(Sidley Austin LLP)

Lisa E. Schwartz

Joel S. Feldman


Facts

Michael Don, Executor of the Estate of Ruben Don, Leroy Little, by and through his Guardian ad Litem Tamara Pelham, and Carolyn Jan Little filed a class action against Unum Group and Unum Life Insurance Co. of America, involving an insurance dispute.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs were long-term care policyholders. Unum allegedly denied increases to their medical insurance benefits. The denials allegedly resulted in flawed calculations. As a result, plaintiffs did not get the full benefit of their policies. As such, plaintiffs claimed the denials were wrongful. Plaintiffs asserted causes of action for breach of insurance contract, insurance bad faith, fraud and deceit, unfair business practices in violation of California Business & Professions Code, and declaratory and injunctive relief.

DEFENDANTS' CONTENTIONS:
Unum argued class certification should be denied.

Damages

Don claimed Unum owed his father Ruben $174,000.

Result

Unum agreed to settle the dispute for $46 million in present value.

Other Information

FILING DATE: June 21, 2013.


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