SAN DIEGO – A San Diego dental surgeon alleges he can no longer work because of an injury and alleges his insurance policy covers lifetime disability benefits.
Frank L. Pavel filed a complaint on Aug. 1 in the U.S. District Court for the Southern District of California against UNUM Life Insurance Co. of America and Does 1-20 alleging breach of contract and other counts.
According to the complaint, the plaintiff alleges that is currently totally disabled due to injuries sustained in a 2014 diving accident. He alleges he has a disability insurance policy provided through the defendant and made a request for benefits in October 2014.
The suit states that per the terms of the policy and the defendant's correspondence, the lifetime accident benefit rider of the plaintiff's policy will not apply to extend his disability benefits after he turns 65 in March 2019. The suit states the defendant considers the plaintiff's injuries to be a sickness and will not pay lifetime disability benefits. The plaintiff alleges this is a breach of policy.
The plaintiff seeks damages according to proof, currently believed to be in excess of $1 million, with interest, and such other just and appropriate relief. He is represented by Gregory M. Garrison of Gregory M. Garrison APC in San Diego and Alexander E. Papaefthimiou of Papaefthimiou APC in Camarillo.
U.S. District Court for the Southern District of California case number 3:18-cv-01778-LAB-KSC