Insurance Company Tactics: Overbroad Requests

In the course of a disability insurance claim, claimants likely expect to provide claim forms and medical records; however, insurers often delve much deeper into claimant’s lives.  These overbroad requests can be used to manufacture a reason to deny a claim.

One such example of this is the case of Mitchell v. Unum.[1] Plaintiff Kathy Mitchell filed a disability claim with her insurer, Unum, as she was no longer able to work due to narcolepsy and obstructive sleep apnea.  She filed her claim in 2013.  She initially received benefits, which Unum discontinued in November 2020, and they closed her appeal of the denial in May 2021.  After the denial, Mitchell filed a lawsuit claiming breach of contract and bad faith.

As part of their discovery, Unum sought to obtain Mitchell’s travel records (initially from August 2013, then just from November 2020).  They requested that she provide any and all times she traveled from her home further than 100 miles, and that she include the destination, dates, method and purpose of each of these trips.  Unum claimed that this information was relevant to Mitchell’s functional capacity.  Mitchell objected to this request, explaining that during any travel (other than driving, which she had done none of) she would be able to sleep.  Further, she countered, knowing “destination” and “purpose” of travel would not speak towards her functional capacity. The Court agreed with Mitchell.

This case demonstrates just how much information insurers will try to request, even if it is irrelevant to whether an insured can still work in his or her own occupation.  Without legal counsel, it can be difficult to know exactly what information an insurance company is allowed to request. In fact, many newer disability insurance policies include language that allow the insurance company broad access to an insured’s information.  If you feel your insurance company is making overbroad requests, feel free to reach out to one of our attorneys directly.

Every claim is unique and the discussion above is only a limited summary of the court’s ruling in this case. If you are concerned that your insurer is using any of the tactics above to evaluate your claim, an experienced disability insurance attorney can help you assess the situation and determine what options, if any, are available.

[1] Mitchell v. Unum Life. Ins. Co., No. 2:21-cv-3888, 2022 WL 2306862 (S.D. Ohio June 27, 2022).

Every claim is unique and the discussion above is only a limited summary of the court’s ruling in this case. If you are concerned that your insurer is using any of the tactics above to evaluate your claim, an experienced disability insurance attorney can help you assess the situation and determine what options, if any, are available.

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