Facts

Plaintiff Darrell Wiley purchased a disability insurance policy from Defendant Unum Life Insurance Company of America "Unum"). That insurance policy provided that if Wiley is totally disabled due to a sickness, he is entitled to receive a monthly disability benefit for a period of five years, but if he is disabled due to an injury, his disability benefits will be paid for the rest of his life.

Wiley submitted a claim for benefits under the policy, claiming that his disability began in 2013. Unum approved that claim, but the parties disagreed as to whether his disability was caused by sickness or injury. Wiley asserted that he was disabled due to head and neck injuries sustained in an automobile accident. Unum contended that his disability was caused by a psychological condition, psychosomatic disorder.

The sickness versus injury question was presented to the jury.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that the disability was caused by one or more injuries.

DEFENDANT'S CONTENTIONS: Defendant claimed that the disability was caused by a psychological condition.

Settlement Discussions

Prior to trial, the parties participated in a private mediation and two settlement conferences with the court.

Damages

Wiley was seeking disability benefits under the policy for the remainder of his lifetime.

Result

Defense verdict. The jury returned a verdict for Unum, and found that Wiley failed to meet his burden of proving that his disability was caused by an injury.

Deliberation

two hours

Poll

8-0

Length

five days