Vermont Federal Judge Orders Unum
to Face Trial for Bad Faith and
Punitive Damages

  • In a case in which Quadrino Schwartz is co-counsel for the Plaintiff, a Vermont federal judge has denied Unum’s motion to dismiss the case — for a second time.  The case must now proceed to trial.
  • Unum tried to persuade the judge that punitive damages and emotional distress damages could not be awarded and thus Unum sought to have the court dismiss those portions of the case.
  • The evidence in the case, Kelly v. Unum, 1:09-cv-00070 (U.S. District Court, Vermont) reveals that Unum has continued to use its budgets and targets scheme after its settlement with regulators of 49 States.  In addition, the evidence shows that Unum has also violated the settlement agreements with the States’ regulators.

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