Kevin Chauvin v. UNUM Life Insurance Company of America
(February 2004)
On a motion for reconsideration, Lauren Welch obtained a summary judgment in Unum’s favor from Judge Ginger Berrigan in the Eastern District of Louisiana where the court found that plaintiff was not entitled to “partial disability” benefits under an ERISA plan where he failed to actually obtain any type of employment once he had been determined to no longer be totally disabled. Unum had previously prevailed on a motion for summary judgment finding that plaintiff was not entitled to “total disability” benefits. The Court rejected plaintiff’s argument that Unum did not provide him with adequate notice that he actually had to be employed in order to be entitled to total disability benefits. The case is presently pending in the Fifth Circuit Court of Appeal.