Joseph M. Hamilton

• Boston College Law School JD
• Boston College BA, magna cum laude

• Obtained a ruling from the U.S. Court of Appeals for the First Circuit that an ERISA plan properly found a disability caused by fibromyalgia and chronic fatigue was encompassed within the self-reported symptom provision of the plan
• Successfully tried a jury-waived case which determined the insurer correctly found that a disability was caused by a psychiatric, not a neurologic, condition
• Obtained ruling on behalf of an insurer from the Supreme Judicial Court of Massachusetts, in a case of first impression, requiring an insured to receive appropriate care as a prerequisite for receiving disability benefits
• Represented an insurer before the Massachusetts Appeals Court to establish standard of proof for rescission of life insurance policies for fraudulent misrepresentation
• Represented an insurer responding to civil investigative demand from Massachusetts Attorney General and Division of Insurance regarding broker compensation, including managing a significant and complex document production
• Represented a disability insurer before the U.S. Court of Appeals for the First Circuit in establishing the standard of review in ERISA benefit claim determinations
• Represented an insurer before the U.S. Court of Appeals for the First Circuit in establishing that a disability policy constituted an ERISA plan
• Obtained a jury verdict in federal district court for insurer against physician claiming total disability
• Represented an insurer in federal district court in establishing grounds for a rescission of coverage in benefit plan governed by ERISA
• Represented an insurer in obtaining precedent-setting ruling in federal district court regarding the production of surveillance materials in discovery
• Obtained a ruling on behalf of an insurer in federal district court that administrative record could not be opened to admit evidence generated after a final decision on an ERISA claim
• Represented a Massachusetts municipality before the Massachusetts Supreme Judicial Court in a case of first impression regarding regulatory takings
• Obtained a contempt verdict against developer on behalf of municipality for failure to complete an affordable housing project, including an award of damages and attorneys' fees
• Represented clients in connection with a resolution of potential claims on EPA Superfund sites
• Represented clients in defending against and resolving compliance actions brought by the Massachusetts Department of Environmental Protection

Publications/Presentations

• “ERISA Case Law Update by Mirick, O'Connell,” In-House Counsel Sub-committee of the DRI Life, Health, Disability and ERISA Committee, webinar (August 31, 2023)
• "Legal Year in Review," New England Claims Association, Annual Presentation (2006 - 2023)
• “Misrepresentation in the Life, Health, and Disability Insurance Application Process: A National Survey,” 3nd Edition, American Bar Association, 2022 (editor and contributing author)
• "ERISA Survey of Federal Circuits," American Bar Association, 2022 (contributing author)
• “Residual vs. Total Disability: An Old Issue Revisited,” Defense Research Institute’s Life, Health and Disability News, June 2019
• "The Challenge of Residual Disability Claims," Eastern Claims Conference (March 2019)
• “Hot Topics in Disability Litigation,” Defense Research Institute Webinar and Seminar (March 2019)
• "Resolving Insurance Claims Disputes Before Trial," Americal Bar Association, 2018 (contributing author)
• "Litigating Disability Insurance Claims," American Conference Institute (2003, 2007, 2012-2018)
• "The Law of Life Insurance," Defense Research Institute, 2017 (contributing author)
• "ERISA Litigation," American Conference Institute (2014-2017)
• Mock Deposition and Mediation Workshops, International Claims Association (2015-2017)
• “Minor and Beneficiary Disputes and the Role of Interpleaders”, Defense Research Institute’s Life, Health, Disability and ERISA Seminar (April 2015)
• "Managing the Relationship with Insurance Agents Before and During Litigation," American Bar Association Midwinter Symposium (January 2014)
• "Life Insurance Litigation," American Conference Institute (2012 and 2013)
• "New Appleman on Insurance Law Library Edition," Matthew Bender & Company, Inc., 2013 (contributing author)
• "Appropriate Care: How Much is Enough?," Defense Research Institute's Life, Health and Disability Newsletter, February 2012
• "Legal and Regulatory Update," JHA Risk Forum (August 2010)
• "Imposters in the Life Insurance Application Process" American Bar Association Midwinter Symposium (January 2010)
• "Misrepresentations in the Life, Health and Disability Application Process," American Bar Association Midwinter Symposium (January 2009)
• "The Fundamentals of ERISA Benefit Litigation," MCLE, 2008 (co-author)
• ERISA Litigition," MCLE (July 2008)
• "ERISA Benefit Claims Regulations," American Bar Association Midwinter Symposium, (January 2007)
• "The Interplay between Total and Residual Disability Provisions: When 'Total' Means Total," Defense Research Institute's Life, Health and Disability Newsletter, Fall 2004
• Mirick O’Connell Life, Health & Disability Newsletter (co-editor)
• Regular contributor to the newsletters of the American Bar Association’s Life Insurance Law Committee and Defense Research Institute’s Life, Health and Disability Committee

Professional / Community Affiliations

• American Bar Association, Life, Health and Disability Insurance Law Committee; Employee Benefits Committee
• Defense Research Institute, Life, Health and Disability Committee
• New England Claims Association
• Worcester County Bar Association, former chair, Environmental Law Section
• Town of Northborough, past chair, Planning Board and Conservation Commission
• Higgins Armory Museum, former president and trustee
• United Way of Central Massachusetts, Board of Directors
• YMCA of Central Massachusetts, Board of Governors
• U.S. Marine Corps