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Trabucco v. UNUM Life Insurance Co.

April 24, 2009

LINDA TRABUCCO
v.
UNUM LIFE INSURANCE COMPANY, NOVACARE REHABILITATION (PHILADELPHIA): NOVACARE REHABILITATION (EXTON), AND DANIEL J. WALKER, MPT



The opinion of the court was delivered by: O'neill, J.

MEMORANDUM

Plaintiff filed this action in the Court of Common Pleas of Philadelphia County; thereafter, defendant UNUM removed it to this Court. I presently have before me plaintiff's motion to remand and the UNUM response thereto, in which the other defendants have joined. I also have before me UNUM's fully briefed motion to dismiss and/or summary judgment.*fn1

Count I of the complaint alleges that:

20. Defendant, UNUM, required and forced plaintiff to undergo a functional capacity evaluation contrary to plaintiff's doctors' recommendations and ignoring the knowledge it had about the harm the examination could do to plaintiff.

21. Defendant, UNUM, by and through their agents, servants, workmen and/or employees were careless and negligent in:

a. requiring plaintiff to undergo a functional capacity evaluation;

b. ignoring plaintiff's communication regarding plaintiff's inability to withstand the rigor of the exam;

c. breaching their duty of good faith and fair dealing;

d. failing to use due care;

e. abandoning its insured;

f. hiring an incompetent physical therapist to do the exams;

g. failing to follow its own policy and procedure;

h. failing to have proper policies and procedure in place;

i. failing to properly administer and handle ...


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