We win rulings for dentists

Dentist• Dr. P., a dentist from Louisville, had paid on a disability policy with UNUM Provident since he first graduated from dental school in 1977. His right thumb became arthritic, resulting in two hand surgeries, leaving him with the inability to sustain a “pincer grip.” He could only do some of the duties of a dentist, mostly administrative and diagnostic. UNUM paid for a while then finally denied payment, saying that Dr. P had returned to his dental practice part-time and that he was only “partially disabled.” Mehr Disability Law Group filed suit and won summary judgment for Dr. P. The federal judge’s ruling that Dr. P. met the definition of total disability, stating, “A dentist who cannot drill is not a dentist at all.  See opinion.

• Dr. B., an Eastern Kentucky dentist, was seriously injured in a car wreck. He made a claim with his disability carrier who denied his claim because they claimed he had a preexisting condition. Mehr Disability Law Group analyzed the policy and found that the provision contained in the policy, which dealt with preexisting conditions, was ambiguous. In fact, when compared with the form policy approved by the Department of Insurance, it was different. A sentence in the paragraph was incomplete. Suit was filed and the case settled soon afterwards.