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About Our Firm
Over
the past 30 years, our firm has provided legal services to
clients in the areas of insurance coverage and matters involving homeowners, disability, medical, auto, business and other types of insurance.
In addition we have handled all aspects of flood, hurricane, earthquake, firestorm and other disaster claims.
Our firm screens cases very carefully. Therefore, our typical settlements
are in the range of a multiple of the benefits owed plus attorney's fees, consequential
damages, and/or general damages.
Biography:
Ray Bourhis
Larry Mann
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We have handled dozens of disability cases against insurance companies like Berkshire Life, UnumProvident and itt various subsidiaries, New England Life, Colonial Life, Equitable, Philadelphia Life, Great Western, Metropolitan, and other companies.
The following cases are typical of matters in this field:
McGregor
vs. Paul Revere, UnumProvident
The plaintiff, Susan McGregor, was a court reporter who suffered from repetitive
stress injuries. She had a disability insurance policy with Paul Revere. After
paying on the claim for several years, Paul Revere terminated benefits.
The basis for this termination included the assertion that even though Susan could
no longer transcribe testimony at the speed and accuracy required of a Court Reporter,
she could perform "one of the important duties" of her occupation, namely
"scoping" (proofreading).
Therefore, claimed Paul Revere,
she could still perform "one of the important duties" of her occupation,
and she was not disabled under the terms of Paul Revere's policy.
The
present value of Susan's policy benefits totaled approx. $300,000.
The
Federal Court jury unanimously awarded $1.2 million in damages. This included
the present value of future policy benefits, over $600,000 general damages plus
attorney fees. U.S. District Judge Phyllis J. Hamilton issued a 23 page written
opinion in McGregor vs. Paul Revere denying defendants motions for a new trial
and for judgment as a matter of law.
Hangarter
v. Paul Revere,
UnumProvident
The Hangartar case is the landmark disability bad faith case in the United States. This case establishes the standards required by Insurance Companies in the handling and processing of disability claims.
Joan
Hangarter, a successful chiropractor was sold an Individual
Disability Insurance Policy by Paul Revere.
When
they sold the policy to her, Joan was told the company would provide monetary
benefits if she should ever become unable to perform the normal duties of her
occupation. After having paid premiums
for this coverage for many years, Joan developed cervical disc disease ( a disease
of the spinal cord area in the upper back and neck), and chronic lateral epicondolitis. These
conditions made it impossible for her to perform the continued spinal adjustments
and manipulations required in her work. At
about the same time that Paul Revere was acquired by Provident Insurance Company,
Joan's benefits were terminated. In
their termination letter the company misrepresented Joans' rights under her policy,
canceled both the residual and rehabilitation benefits that she was entitled to,
and misrepresented to her that her policy was governed by ERISA (The Employee
Retirement Income Security Act).
This was significant because ERISA would have eliminated Joan's rights to a jury trial, consequential damages, general damages and punitive damages.
Following
the termination of Joans benefits, Paul Revere and their successors, Provident
and UnumProvident (in 1999 Provident merged with Unum of Portland, Maine), continued
to refuse to pay her the benefits owed. At
the time of trial UnumProvident owed Joan past and future benefits totaling $1.2million.
As a result of its termination of benefits, Joan was evicted from her home, was
forced into bankruptcy, became suicidal and was place on antidepressant medication.
A unanimous Federal jury awarded Dr. Hangarter a judgment
in the amount of $7.6million.
Subsequent
motions to reverse the verdict and for a new trial were rejected by the court.
Unum appeals to the 9th Circuit were rejected unanimously by a 3rd judge and the insurer was ordered to pay the verdict in all respects.
Click
here to read more about this case.
Stuart
Gluck vs. UnumProvident In this
case the claimant Stuart Gluck, a medical doctor, had his Own Occupation benefits
terminated by UnumProvident. At the time of his termination, UnumProvident was
aware that Dr. Gluck had coronary artery disease, organic brain damaged (confirmed
by an MRI) and AIDS. The termination
was based in part on the "opinion" of a UnumProvident nurse who had
never met - much less examined - Dr. Gluck.
The
Gluck case, like most of our cases, was settled as well.
Flood Case
McMahan vs. State of California
This case was filed on behalf of 662 plaintiffs who sued the State of California Reclamation Districts, and other defendants, alleging inverse condemnation and governmental tort liability arising out of the exclusive flooding on the Feather River in No. California.
This case was settled in the amount of $45million.
If you have questions about any insurance or disaster problem, please click HERE to submit a question through our online form.
To
submit by FAX or postal mail click
here.
To submit by email click here.
To
contact us by telephone please call 800.264.2082.
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