Original Quadrino Schwartz Class
Action Case Brought to U.S.
Appeals Court

  • After dismissal of the original class action case by a federal judge, an appeal to the U.S. Court of Appeals for the 2nd Circuit was pursued to ask the appeals court to decide whether a federal judge can issue an injunction against Unum to stop its budgets and targets scheme or issue an order removing Unum as a fiduciary, requiring a third party to reassess denied or terminated disability insurance claims.
  • Unum alleges that its government settlement in 2004 “fixed” whatever was wrong with the company.  We contend that the scheme to use budgets and targets was never investigated or stopped as part of the government settlement and that Unum continues to use these unlawful tactics to this day.
  • An additional remedy that was sought by our clients is the creation of a firewall between the financial and claims personnel at Unum so that the claims personnel cannot be influenced or pressured in their claim decisions based upon the company’s financial condition or profitability.
  • We also sought a court order requiring our clients’ disability claims files to be reinvestigated and reconstructed to avoid future claim denials based upon a purged and improper file and to ensure that they contain proper contents in the event that a federal judge ever needed to review their files.   This process would entail ensuring that the files contain all of the proper and truthful information about Unum and our client’s claims and to ensure that the files contain facts about Unum’s budgets and targets scheme and do not contain only one-sided and “cherry-picked” information created by Unum.

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