HOUSTON — A Florida physician is suing an insurance company after her disability claim was rejected.
Dr. Elaine C. Sharp filed suit on Sept. 9, 2015 in the Houston Division of the Southern District of Texas against Unum Group, formerly known as Provident Life and Accident Insurance Company.
In August 1989, the plaintiff purchased a disability income protection coverage policy from the defendant; on Oct. 21, 1991, she received additional coverage totaling $7,420 monthly.
In 2007, the plaintiff was required by her employer to attend a Botox seminar/workshop. At the workshop, attendees practiced by injecting Botox into each other. The plaintiff alleged she suffered an eye injury as a result of her injection and had to stop working in March 2014.
She made a disability claim on March 15, 2014. On Sept. 25, 2014, the defendant informed the plaintiff it was denying her claim, saying her situation was the result of a sickness, not disability.
The plaintiff is suing for alleged breach of contract, unfair settlement, violations of the Texas Deceptive Trade Practice-Consumer Protection Act, violation of the Texas Insurance Code, and breach of duty of good faith and fair dealing.
She is seeking actual damages, additional and exemplary damages, and attorneys' fees. Sharp's attorney is Jesse R. Castillo, of Castillo Snyder, PC in San Antonio.
Houston Division of the Southern District of Texas Case number 4:15-cv-02592