By Judy Morris, M.D.

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In my opinion , and based on my own experiences and what I have heard from other people, it appears that UNUM Insurance  company is selling insurance contracts that they have no intention  of honoring. Legal remedies for claimants are fraught with legal  stumbling blocks and delays and frustrations. Claimants may be  forced to sue their employers so their employers will sue UNUM  on the employee's behalf. Claimants may be forced to sue the insurance agents who sold these policies to their employers.

I am a doctor with a claim against UNUM for disability benefits. I am also in contact with several dozen claimants and have heard stories attesting to the fact that what I am experiencing with UNUM  is ROUTINE. UNUM has admitted that they have been sued over  1044 times in the last 2 ½ years. This undoubtedly represents only a small fraction of the people that UNUM is abusing or has abused. The UNUM 1996 Annual Report states:

"In the normal course of its business operations, UNUM is involved in litigation from time to time with claimants, beneficiaries and others, and a number of lawsuits were pending at December 31, 1996. In some instances, these proceedings include claims for punitive damages and similar types of relief in unspecified or substantial amounts, in addition to amounts for alleged contractual liability or other compensatory  damages. In the opinion of management, the ultimate liability, if any, arising from this litigation is not expected to have a material adverse effect on the consolidated financial position or the consolidated operating  results of UNUM."

There are a variety of reasons for UNUM's optimism. Thanks to the ERISA laws, claimants with group policies are not entitled to ask for  punitive damages, no matter how egregious UNUM and its employees  have been during the claims process. This in itself makes it difficult for many claimants to find lawyers to even file the lawsuits and therefore weeds out many claimants with legitimate disability claims but no legal redress when unconscionably denied by UNUM.

Other legal loopholes ensure that even those who can sue for punitive damages will be financially and emotionally drained prior to the time of a trial and more likely to accept settlement offers no where near what they  should have been paid. UNUM also avoids the negative publicity of a trial.

Group contracts are actually between UNUM and the employers and  lawyers are realizing this and soon the employers will be sued. UNUM  carefully avoids giving insurance agents follow-up on the claims they are denying and the tactics used to do this and then refuses to discuss it with  the agents once the claimant has a lawyer (even thought the only one they are not supposed to speak to is the claimant).

UNUM is using similar tactics across the spectrum of claimants. It  doesn't matter how well connected a person is either. Doctors, lawyers, and executives as well as general employees are subjected to the same  methods. Although my diagnosis is Chronic Fatigue and Immune Dysfunction Syndrome, there are also claimants with other disabling  diseases or injuries that have had similar experiences. I will use my case as an example:

I am an Emergency Doctor diagnosed by a reputable internist with Chronic Fatigue and Immune Dysfunction Syndrome. This is a legitimate condition caused by abnormalities in the immune system although the cause  of the disease is not yet known (just as the cause of most cancers is not known). It is not a psychological problem. The CDC has it listed as a potential infectious disease and a top priority for study. Many other reputable medical investigators have also attested to the fact that it is a "real" disease. Treatment is largely symptomatic and usually involves lifestyle changes. In my case I can no longer function reliably as an ER  doctor due to exhaustion, headaches, and cognitive deficits (concentration, memory, speech and thinking) which are worsened by stress and exposure to germs and viruses. I have policies with UNUM, both individually and  through my employer that are "Specialty Specific." UNUM is still deducting premiums from my bank account while they stonewall and force me to file a  lawsuit.

No attempt was made by UNUM to negotiate with me or to try to work with my employer in any way. I was subjected to surveillance and videotaping by Private Investigators for at least 3 weeks that I know of (UNUM sent me the tapes). UNUM's doctors, who are also executives at UNUM, concluded that since I can drive my car I am not disabled by CFIDS.  They also did background checks on some of my friends and family members and my psychologist.

UNUM's doctors spoke with my doctors by phone and then wrote up a version of the conversation claiming my doctors told them I had psychiatric problems besides the reactive depression that goes along with having a chronic illness. My doctors have written in objections to these claims and reiterated  that my problem is physical AND disabling on multiple occasions. UNUM  either ignores these letters or issues long-winded responses trying to "educate" my doctors that it's all in my head. No one at UNUM ever told me what kind of test or evaluation it would take to prove my claim. There is a reason for that as well. Once the case gets to court, some laws give them the right to exclude any additional information submitted after the claim was denied, so it is to their benefit to have very little documentation in the record up until the time they  deny the claim. On my own, I have obtained two second opinions and some  confirmatory laboratory evaluations proving that my immune system is substandard. Others before me have submitted far more objective evidence than this and still been denied or had their benefits unceremoniously cut off. UNUM's doctors are claiming they have no doctor/patient relationship with me as a means to shield then from a malpractice suit. One of them does  not even have a medical license in Maine (UNUM's corporate headquarters where he is stationed).

I have written numerous letters to the Massachusetts Insurance Commission.  They send my complaints to UNUM who responds with a letter that basically  states they have "investigated my claim" and come to a "reasonable conclusion" and they are "sorry" that I am unhappy with their decision. The insurance  commission accepts these letters and closes their "investigation."

I have also written to the Attorney Generals in two states, the Maine Board of Medicine, the Governors in two states, the Department of Justice, numerous elected officials, countless newspapers and television stations, and on and on. If anyone is seriously investigating than I am not aware of it. The reasons for this are, of course, numerous, including political cronyism and the fact that  the media depends on the insurance industry for much of its advertising  revenues, and the lack of sensationalism in the story. Newspaper reporters have indicated to me that they will be interested in lawsuits filed and courtroom  verdicts, but as I have stated above, many claimants cannot get this far.

UNUM has armies of lawyers to keep claimants and their lawyers harassed and intimidated for years. Despite the fact that this story reeks of extortion, conspiracy and racketeering, corporations that operate like UNUM have  managed to make the legal definitions of these infractions so narrow that it is difficult to charge them with a crime. UNUM refuses to recognize standard medical definitions of disability and would have us believe that people with chronic illnesses can never be happy, enjoy themselves, participate in leisure activities, or even drive (even if their contracts are occupation specific - in fact the more the claim value, the worse the stonewalling and harassment). They eventually pay some claims for smaller amounts so they can say they are paying some claims and won't have an abnormally high denial rate,  but refuse to do an analysis of the lawsuits filed because they said it would  cost them too much. They have refused to pay people who were approved  by the more stringent government regulations for Social Security Disability  that require a person to be unable to reliably perform any gainful employment (i.e. completely disabled). Then this fact is not allowed to be used by the claimant in their lawsuits against UNUM.

People who thought they were well protected in the event of disability are having to file for bankruptcy, lose their homes, and their health is most definitely suffering adversely from dealing with UNUM.

A representative example of a UNUM claimant whose case recently did get to court is John Dishman v. UNUM CV 96-0015 in Los Angeles Federal Court. Mr. Dishman was a disabled executive in a law firm that had UNUM for a client and still had his benefits terminated without cause. UNUM maneuvers  all cases to Federal Courts, another very intimidating factor that encourages  claimants to settle before trial, and avoids jury involvement. Because UNUM  delays, stonewalls, and intimidates its claimants, few of these cases become public record. Many people give up or settle for a pittance out of financial  desperation and are forced to sign gag orders.

UNUM paid its employees $18 million dollars in bonuses in 1996 as part of  its "results sharing" program. UNUM now has an ad campaign aimed at selling disability insurance to housewives. Based on what I've said, do you think they have any intention of honoring these contracts?

I will be relentless in exposing UNUM's corruption to honest people and  businesses whose money is lining the pockets of corporate executives, stockholders, and mean-spirited employees who receive bonuses for denying claims.

I might also mention there have been claimants with similar problems  with ITT Hartford, Mass Mutual, Provident , Cigna, Paul Revere, and Standard Insurance. The few companies that I had heard good things  about I think have been incorporated into the above companies. No one is safe.

You and your company are paying a lot of money for insurance coverage that very well may not be there at exactly the time you need it. We need some serious reform in the insurance industry, but meanwhile, I would encourage  you to avoid dealing with UNUM.

Thank you for reading this letter. I truly hope you can avoid the years  of legal battles that lie ahead for me, if you are ever disabled. It is my intent to share my own experiences in the hopes to prevent this type if gross negligence of contractual fulfillment being perpetrated on others. I will be happy to discuss this situation with anyone.

Judy Morris, MD

261 Bumstead Rd. 
Monson, MA 01057 

September 28, 1997 

Margaret Fast  
Counsel Unum Company 
2211 Congress St. 
Portland, ME 04122

Dear Ms. Fast,

As far as I can tell I have been telling the truth in the letters I have been writing to your employees and on the Internet. I have documents and court proceedings and precidents to back up my allegations. If you or anyone from UNUM has information that anything I've said is false, please inform me, in writing, with validation and proof of falsity, that this relating of my experiences and that of others us substantively untrue and I will issue a retraction for any unintentional falsity. However, I will expect this information to be "compelling."

If you cannot provide evidence that what I am saying is false then I will continue to spread the truth.

If you try to prevent me from telling the truth, you will be violating my rights to free speech.

Judy Morris, MD

261 Bumstead Rd. 
Monson, MA 01057

November 10, 1997

Margaret Fast 
UNUM Corporation Legal Department 
2211 Congress St. 
Portland, ME 04122

Dear Ms. Fast and all UNUM employees,

I wrote you on September 28, October 7, and again on October 26 asking you to respond to charges of extortion, blackmail, fraud, and racketeering. You have not responded in any way, by phone or letter or otherwise. Since you typically give claimants' doctors 2 weeks to respond when you imply that they are frauds, malingering, or mentally ill, I think you have had more than enough time to respond to these charges. Therefore, I can assume, by your total lack of response, TOTAL admission to charges of extortion, racketeering, fraud and blackmail by UNUM Corporation and its employees.

Now I understand that you are under no LEGAL obligation to respond to an unofficial charge, but in your letters various employees have stated "If you have any questions regarding your claim, please contact me," "we do remain willing to consider any additional information you can provide which substan- tiates that our decision should be changed. Additionally, I would be willing to consider means to amicably resolve a dispute. Feel free to contact me if you have any questions," and in a letter from you to my former lawyer dated August 26, 1997 "To avoid the necessity of our filing a cease and desist type of action against Dr. Morris's pattern of harassment and defamation, would  you kindly advise her to refrain from contacting employees at UNUM, except through you, and from using the wire services for defamation? If we learn of her continued actions along these lines, we will avail ourselves of whatever legal and equitable remedies we deem appropriate."

By your own words you want to clear up any misunderstandings, but by your actions you have proven not only that my statements are true but that you  never had any intention of paying my claim. The intent all along was to force me, as you have forced many others into a protracted legal battle where you can attack me some more with innuendoes and accusations. I asked you to inform me of any cases with similar circumstances to mind that had lost in court and you did not.

And yes, I know very well that I am accusing a corporation with a worth of $15 Billion dollars of some incredible charges. Am I scared? Let me ask you, should I be? I believe in being prepared though, and I can promise you I will defend myself and my home by whatever means I feel fit the circumstances at the time.

If that sounds paranoid to you, you can attribute it to the incredible stress I have been under since I started dealing with UNUM. Everyday I have to listen to stories people tell me of harassment, humiliation, intimidation, bankruptcy, worsening of their health, harassment of their doctors, and threats of lawsuits by UNUM. Yes, I'm angry and I have good reason to be paranoid.

Fortunately my medical problems are stable since it was the physical, mental and immunological stresses of being an ER doctor that were harming me, and I am no longer in that environment and can rest when I need to.

Since you have admitted guilt to the above charges I will spend my furthur time and energy pursuing legal action against UNUM and its employees. It is quite obvious that UNUM does not respond to medical evidence or care about it's customers. And I will gladly read aloud to the court, every single letter I have written to you.