Fibromyalgia Law SuitInsurer Fails to Pay
Unum faces breach of contract lawsuit-------------------------------------Former computer exec says insurer halted her benefits. The former general counsel and chief financial officer of a Westminster computer systems company is suing Unum Life Insurance Co., accusing thelong-term disability insurer of bad faith and breach of contract. Paula Solis alleges in a lawsuit filed this week in Denver federal court that Unum, the nation's largest disability insurer, discontinued her benefits twoyears after a painful joint and muscle disorder forced her to resign from her dual executive roles at Greenbar Corp. The privately held Westminster firm is headed by her husband, Mark Solis. The 70-worker company, which the couple founded in 1984, is one of Colorado'slargest minority contractors for the government. Unum, based in Portland, Maine, contends that Paula Solis, 45, has a "mental or nervous disorder" and therefore is no longer eligible for benefits underthe company-paid policy, which limited coverage for disabled workers suffering from mental illness to 24 months. The lawsuit maintains that Solis has a rare condition called fibromyalgia. The disorder, which causes varying degrees of muscular pain and fatigue, isbelieved to affect about 2 percent of the U.S. population. The cause of fibromyalgia -sometimes referred to as chronic fatigue syndrome-is unknown. The medical community is divided over whether fibromyalgia is apsychiatric illness, a biological problem, a chemical imbalance or a combination of all three. Patients usually seek treatment from arthritis specialists as well as pain management counselors. "The pain is real," said Steen Mortensen, chief of rheumatology at Wichita Clinic in Kansas. "It's not all in (patients') heads." Jack Englert, a Denver attorney who represents Unum, said he had yet to see the lawsuit and wasn't authorized to comment. Solis has retained the 17th Street law firm Holme Roberts & Owen, which has assigned three attorneys to the case. The suit doesn't provide a financial loss or damage amount. But Gary Solis, reached at the couple's home Friday, said his wife is entitled to 60 percentof her annual income under the policy terms. On some days, his wife is bedridden with pain while other days she appears fine, he said. The complaint comes a month after a federal judge in Denver signed off on a $1 million judgment against Unum stemming from a 1997 case. Pamela Ray, a onceprominent Denver attorney diagnosed with sick building syndrome, sued Unum for denying her long-term disability benefits of about $13,000 a month. She wonthe case on summary judgment. 5 November 2001 --------(c) 2001 The E.W. Scripps Co.