Steve Loria v. UNUM Life Insurance Company of America
(August 2003)
A summary judgment was granted in Unum’s favor in a case handled by Lauren Welch which was brought under ERISA for intentional interference with the receipt of benefits under an employer-sponsored long term disability plan, as well as a state law claim for intentional infliction of emotional distress. The plaintiff contended that Unum had misled him into believing he could still be covered under his employer’s policy if he left to go to work for another employer. Utilizing a de novo standard of review, Judge Lance Africk of the Eastern District of Louisiana found that the terms of the policy as a whole plainly evidenced an intent that coverage under the policy would terminate when employment or disability payments terminate.