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On the eve of the birth of her first child 12 years
ago, Joan Hangarter bought an insurance policy that
would pay her a monthly benefit if a disability ever
prevented her from working as a chiropractor.
Hangarter kept up her end of the bargain, sending in
monthly premium checks for more than seven years that
totaled more than $3,000 annually. When a painful joint
condition forced her to quit her $100,000-a-year practice
in 1997, she began collecting her $8,100-a-month disability
benefit. But after 18 months, her insurance company,
now part of UnumProvident Corp., canceled her payments,
declaring that she was no longer disabled.
Now a divorced mother with two children, Hangarter,
53, has struggled for more than three years to get by
without the payments. She lost the home she was about
to buy when UnumProvident cut her off. The family was
evicted and for a time lived on welfare.
Hangarter sued and this year won a $7.67-million jury
verdict. The award was upheld Wednesday by a federal
judge in San Francisco. The company is appealing.
Meanwhile, the Novato, Calif., woman who was so proud
of the home and lifestyle she once provided for her
family recently filled out school free-lunch applications
for her son and daughter and begged the local youth
softball and soccer programs to let them play for free.
"This company caused my worst nightmare to come true,"
she said. "They are hurting people. They are destroying
people's lives."
Hangarter is one of many policyholders across the country
who blame Chattanooga, Tenn.-based UnumProvident for
cutting off their payments and plunging them into hardship
and despair.
The nation's largest seller of disability insurance
is fighting scores of lawsuits that accuse it of using
improper hardball tactics to cut legitimate claims in
an effort to boost its bottom line.
In upholding Hangarter's award this week, U.S. Magistrate
James Larson ordered the company to refrain from many
of the tactics alleged in the suits, including using
biased doctors to make assessments, spying on policyholders'
activities and shredding claims information.
J. Christopher Collins, UnumProvident's senior vice
president and deputy general counsel, accused plaintiffs'
lawyers of "demonizing" responsible claims management
practices.
"Our claims decisions are made within the context of
a sound, fair process that we have worked hard to build,"
the company said in a statement. "Still, we can and
do make mistakes. And when we become aware of an error
on our part, we work urgently to correct the situation."
Yet the suits portray the benefit cutoffs as part of
an ongoing scheme. According to court documents, UnumProvident
increased its "net termination ratio" target -- the
value of terminated claims compared with new claims
-- from 84% to 90% in 1996. By the end of 1997, that
goal was 124%.
The company aggressively sold so-called own-occupation
disability policies to self-employed professionals such
as Hangarter in the 1980s and early 1990s. People in
California and Florida were primary sales targets.
"They sold these policies when the market was real good,"
said Tampa, Fla., lawyer Frank Winkles, who has several
suits pending against the company. "They could invest
premiums and make lots of money." But two things then
happened, said Winkles: The market softened "and they
found out these professionals get sick just like everybody
else."
Ray Bourhis, the San Francisco lawyer who represents
Hangarter, said he is considering a class-action lawsuit
on behalf of policyholders who may not be aware that
their claims never should have been terminated.
"They need to be responsible for what has happened in
the past," he said. "This is not just some mistake.
It is unconscionable to deny disability benefits to
people with AIDS, with heart disease, with Parkinson's,
who are quadriplegic."
Hangarter was her daughter when an insurance agent approached
her about buying the disability policy.
"She was very insistent," Hangarter recalled. "She explained
to me this would keep a roof over my head if anything
should happen. She said unexpected things occur, and
I was going to be a mother. So it just clinched at that
point.... How could I not?"
When doctors told her she could no longer perform the
physically demanding body manipulations her patients
needed, Hangarter was glad she had purchased the insurance.
Then the company dropped her. UnumProvident maintained
this week that she no longer was disabled.
"Joan Hangarter is a chiropractor with tennis elbow,"
Collins said.
But Judge Larson said the company's conduct was so egregious
that the jury had ample reason to include $5 million
in punitive damages in its award to Hangarter. MRI evidence
showed and doctors testified that she suffers from a
worsening condition that causes severe pain in her shoulder,
arms, elbow and neck.
"Despite conclusive evidence that plaintiff was unable
to work," Larson wrote, "defendants subjected her to
a biased medical examination, then re-characterized
her occupation as a business owner, rather than a chiropractor,
and claimed she was not totally disabled because she
could perform bookkeeping or teach a class or two or
see two patients per hour."
Hangarter said the notion that she would fake her disability
makes no sense.
"I loved my patients," she said. "I had a fabulous practice.
I loved what I did. It wasn't a job. I owned that practice
for 18 years. It was a life. Why would I deliberately
walk away?"
The day the jury sided with Hangarter, she left the
courthouse and went to the store with food stamps.
It could be years before the company exhausts its appeals,
and in the meantime she is surviving off a loan she
took out as an advance on her judgment.."
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