Rayford Racca v. UNUM Life Insurance Company of America
(April 2004)
A motion for summary judgment was granted in Unum’s favor in a case handled by Lauren Welch entitled Rayford Racca v. Unum Life in the Western District of Louisiana before Judge Trimble. The disability policy issued by Unum provided that after an insured had been disabled from his own occupation for 24 months, disability benefits would only continue if the insured was unable to perform any occupation for which he was he was reasonably suited based on education, training and experience. Unum identified several alternate gainful occupations that plaintiff could perform and the plaintiff presented no evidence to dispute the existence of these other gainful occupations, thus entitling Unum to summary judgment.