Client Success: Unum Life Prevails at Ninth Circuit in ERISA Disability Benefits Case
Press Release | 1 min read
Nov 1, 2019
Hinshaw client Unum Life Insurance Company of America recently prevailed at the Ninth Circuit Court of Appeals in a case involving a claim for disability benefits by a former executive at Dreamworks. Unum issued the group insurance policy that funded the disability benefits provided under Dreamworks' ERISA-governed employee welfare benefit plan. Hinshaw partner Robert Hess represented Unum at trial and on appeal in the case.
The claimant asserted she was totally disabled due to fibromyalgia, but Unum determined she was capable of performing her occupational duties and therefore not entitled to benefits under the terms of the plan. The district court, applying a de novo standard of review, agreed with Unum that the medical evidence did not establish that the claimant was totally disabled. In finding that the claimant was not disabled from performing her occupational duties, the court noted that "mere subjective" complaints are insufficient to establish total disability. The court entered judgment in Unum's favor.
Following appeal to the Ninth Circuit, a panel of three judges affirmed the district court's order in a three page decision.
The case is Demko v. Unum Life Insurance Company of America, (9th Circuit) No 18-55428
Related Capabilities
Related Locations
Featured Insights

In The News
Oct 1, 2026
Jennifer Driscoll Discusses Emerging Antitrust Risks Tied to Social Media Algorithms

Healthcare Alert
Sep 30, 2026
Feeding Better Outcomes: The OIG’s Compliance Roadmap for Food-As-Medicine Programs

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 30, 2026
Illinois Supreme Court Delivers a Third Key Win for Mortgage Lenders

In The News
Sep 28, 2026
Carol Rooney and Adam Topel Co-Author Article on Recent Developments in Appellate Advocacy

In The News
Sep 28, 2026
Lucy Wang Discusses New Landmark California Wildfire Insurance Reforms

Event
September 27–29, 2026
Hinshaw Partners Discuss Key Compliance and Litigation Issues at the 2026 MBA Conference

Press Release
Sep 24, 2026
Hinshaw Recognized as a 2027 “Powerhouse in Litigation” by BTI Consulting

Press Release
Sep 22, 2026
Vaishali Rao Selected as a Global 2026 INvolve Heroes Role Model




