Lawyer Sues Unum to Prevent Setoff

http://www.diattorney.com/unum-sued-claiming-social-security-child-benefits-part-reimbursement-overpayment-long-term-disability-benefits/

In the lawsuit, the plaintiff also pointed out that the LTD Contract between the plaintiff and UNUM was one of adhesion. This means UNUM presented the terms in the contract on a “take it or leave it” basis leaving no room for any negotiations or revision of the language contained in the contract. The plaintiff argued that in the situation where the contract is one of adhesion, the Courts have long been disinclined to effectuate clauses of limitation which are unconscionable… Therefore, the plaintiff argued that the provision in the policy offsetting benefits should be deemed void as unconscionable…

The plaintiff alleged that the language in the policy is ambiguous as two different reasonable interpretations can be derived from the policy’s language. The plaintiff argued that because of the ambiguity, the contract of insurance is to be construed liberally in favor of the insured and strictly against the insurer…

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