Life, Health, Disability and ERISA Litigation

Mirick O'Connell Named Tier 1 Firm by U.S. News - Best Lawyers "Best Law Firms" in 2025

Joe Hamilton and Chris Collins to present at the 2024 ICA Annual Education Conference, September 8-11, 2024

Chris Collins Published in For The Defense, "In Multi-Life Individual Disability Plans, a Unique Case Can Be Made for Its Application"

Chris Collins to receive 2024 Isaiah Thomas Award

2024 Best Lawyers Awards Announced

Chris Collins recognized by The Nativity School of Worcester

e-Alert: MA Supreme Judicial Court Addresses Zoom Evidentiary Hearings

Joe Hamilton was quoted in Massachusetts Lawyers Weekly article "Widow Entitled to Death Benefits under ERISA Plan"

Elizabeth Greene was featured in ABA Journal article "Elizabeth Greene aims to prevent heart disease and stroke in central Massachusetts"

Elizabeth Greene recognized by Massachusetts Lawyers Weekly as being one of the "2020 Top Women of Law"

Mirick O'Connell Named Tier 1 Firm by U.S. News - Best Lawyers "Best Law Firms" in 2021

Chris Collins was quoted in the T&G article "Leadership Worcester class includes diverse group"

"Every great city needs believers and creators." Chris Collins is one of Leadership Worcester's founders.

PODCAST: Chris Collins talks about the Life, Health, Disability and ERISA Litigation practice | Recorded 6.1.20

Life, Health, Disability & ERISA Update: "Court Holds a Third-Party Administrator is Not a Proper Party to an ERISA Benefits Claim"

Life, Health, Disability & ERISA Litigation - Fall 2024 Update

Life, Health, Disability & ERISA Litigation e-Alert: "Massachusetts Appeals Court Upholds Insurer's Interpretation of Lifetime Total Disability Benefit Rider"

Life, Health, Disability & ERISA Litigation Client Alert, Spring 2024

Life, Health, Disability & ERISA Litigation Client Alert: "The Utilization of In-House and Consulting Medical Experts"

e-Alert: "First Circuit Addresses Revocation on Divorce Statute in Interpleader Matter"

e-Alert: First Circuit Finds Insurer Breached its Fiduciary Duty By Not Confirming Evidence of Insurability

e-Alert: Court holds that Individual Disability Policy is part of ERISA Plan

Mirick O'Connell Life, Health, Disability & ERISA Litigation Client Alert

Mirick O'Connell Life, Health, Disability & ERISA Litigation Client Alert

Massachusetts Supreme Judicial Court finds Statute that Revokes Designation of Ex-spouse as Named Beneficiary in Life Insurance Policies is Constitutional and Applies Retroactively

First Circuit Finds ERISA Plan Required to Produce Evidence Generated During Administrative Appeal Upon Request, Even Under "Old" Version of DOL Claim Regulation

e-Alert: First Circuit Finds Plan Not Arbitrary or Capricious in Finding Chronic Fatigue and Fibromyalgia Encompassed within Self-Reported Symptoms Limitation Provision

Mirick O'Connell Life, Health, Disability & ERISA Litigation e-Report Summer 2021

Mirick O'Connell Life, Health, Disability & ERISA Litigation e-Report Winter 2021

e-Alert: Denial of Health Insurance Benefits and Attorney's Fees Upheld on Appeal

Mirick O'Connell Life, Health, Disability & ERISA Litigation e-Report Fall 2020

e-Alert: Important News for Insurers Managing ERISA Governed Benefit Plans. Department of Labor Extends Time for Filing of Claims and Appeals

e-Alert: Plan not Arbitrary or Capricious in Finding Chronic Fatigue and Fibromyalgia Encompassed within Self-Reported Symptoms Limitation Provision

e-Alert: First Circuit Rules that an ERISA Claim Denial Supported by Substantial Evidence Shall be Upheld

e-Alert: Insurance Regulators Across the Country Respond to COVID-19 With A Variety of Approaches

Life, Health & Disability e-Report First Circuit Fall 2019

Life, Health & Disability e-Report First Circuit Winter 2019

Life, Health & Disability e-Report First Circuit Fall 2018

Life, Health & Disability e-Report First Circuit Winter 2018

Life, Health & Disability e-Report First Circuit, Fall 2017

First Circuit Opens Door to Right to Jury Trial in MA Consumer Protection Actions

Montanile: Now What?

Insurance Agent is Independent Contractor, Not Employee

Chris Collins will be a panelist at the 48th Annual Insurance and Life, Health and Disability Benefits MidWinter Symposium

Chris Collins and Joe Hamilton co-author "Residual vs. Total Disability: An Old Issue Revisited," published by Life, Health and Disability News, Volume 30, Issue 2

Representative Matters

• Successfully represented insurer before the Massachusetts Appeals Court which upheld a judgment that an insurance policy was properly rescinded for fraudulent misrepresentations
• Obtained a judgment in the Massachusetts Superior Court in 2011 that an insured had failed to comply with the appropriate care provision of his disability policy by failing to undertake mental health treatment recommended as a consequence of an independent medical examination
• Obtained a ruling in federal district court requiring that the ERISA plan participant show the denial of benefits was improperly influenced by a conflict of interest before discovery was permitted  
• Obtained a jury verdict in 2008 in Massachusetts state court for an insurer against an insured claiming that total disability was a result of an accident, rather than a sickness
• Obtained an arbitration award in 2008 voiding a life insurance policy for a change in an insured’s health between the date of the application and the date of the issuance of the policy   
• Represented an insurer in obtaining a 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 an administrative record could not be opened to admit evidence generated after a final decision on an ERISA claim  
• Represented an insurer in federal district court in establishing grounds for a rescission of coverage in a benefit plan governed by ERISA   
• Obtained a summary judgment decision that attention deficit disorder was a mental illness as defined by the ERISA plan   
• Represented an insurer before the U.S. Court of Appeals for the First Circuit in establishing that summary judgment is the appropriate means to resolve an ERISA case regardless of the standard of review and that enlargement of the administrative record is not permitted after the administrative appeal is decided   
• Represented an insurer before the U.S. Court of Appeals for the First Circuit in establishing that an individual disability policy was encompassed within an ERISA plan   
• Represented a disability insurer before the U.S. Court of Appeals for the First Circuit in establishing the standard of review in an ERISA benefit claim determination 

Circuit Courts of Appeals

• Sevelitte v. Guardian Life Insurance Company of America, 55 F.4th 71 (1st Cir. 2022)
• Ovist v. Unum Life Insurance Company of America, 14 F.4th 106 (1st Cir. 2021)
• Schad v. Sun Life Assurance Co. of Canada, 358 Fed. Appx. 242 (2^nd Cir. 2009)
• Sun Life Assurance Company of Canada v. Sampson, 556 F.3d 6 (1^st Cir. 2009)
• Orndorf v. Paul Revere Life Ins. Co., 404 F.3d 510 (1^st Cir. 2005)
• Paul Revere Life Ins. Co. v. Bromberg, 382 F.3d 33 (1^st Cir. 2004)
• Bekiroglu v. Paul Revere Life Ins. Co., 75 Fed. Appx. 8 (1^st Cir. 2003)
• Brigham v. Sun Life of Canada, 317 F.3d 72 (1^st Cir. 2003)
• Nickerson-Malpher v. Market Forge Group Life Insurance Plan, 26 Fed. Appx. 11 (1^st Cir. 2001)
• Tompkins v. United HealthCare of New England, 203 F.3d 90 (1^st Cir. 2000)
• Doe v. Travelers Ins. Co., 167 F.3d 53 (1^st Cir. 1999)
• Doyle v. Paul Revere Life Ins. Co., 144 F.3d 181 (1^st Cir. 1998)
• Golas v. Homeview, Inc., 106 F.3d 1 (1^st Cir. 1997)
• Belanger v. Wyman-Gordon Co., 71 F.3d 451 (1^st Cir. 1995)

State Appellate Courts

• Kliger v. Paul Revere LIfe Insurance Company, 104 Mass.App.Ct.1107 (2024)

• Yunes v. Unum Group, 88 Mass. App. Ct. 1117 (2015)

• Korn v. The Paul Revere Life Insurance Company, 83 Mass. App. Ct. 432 (2013)

• Metropolitan Life Insurance Company v. Cotter, 464 Mass. 623 (2013)

• Gray v. Fidelity and Guaranty Life Ins. Co., 79 Mass. App. Ct. 1123; 2011 WL 2183854 (2011)

Federal District Courts

• Abi-Aad v. Unum Group, 2023 WL 2838357 (D. Mass. 2023)
• MacNaughton v. Paul Revere Life Insurance Company, 2023 WL 2601624 (D. Mass. 2023); 2022 WL 17253701 (D. Mass. 2022); 2021 WL 5180238 (D. Mass. 2021); 405 F.Supp.3d 203 (D. Mass. 2019)
• Moseley v. Unum Life Insurance Company of America, 2023 WL 2324771 (D. Mass. 2023)
• Campbell v. Unum Group, 2022 WL 4486073 (D. Mass. 2022)
• Sun Life Assurance Company of Canada v. Haroian Irrevocable Insurance Trust, 2021 WL 3375407 (D. Mass. 2021)
• Femino v. Sedgwick Claims Management Services, Inc., 2021 WL 3190817 (D. Mass. 2021)
• McKinnon v. Unum Group, 516 F.Supp.3d 49 (D. Mass. 2021)
• Prokhorova v. Unum Life Insurance Company of America, 2020 WL 3713022 (D. Mass. 2020); 2018 WL 1913801 (D. Mass. 2018)
• Host v. First Unum Life Insurance Company, 2019 WL 343255 (D. Mass. 2019)
• Lyman v Unum Group, 378 F.Supp.3d 81 (D. Mass. 2019)
  
• Kamerer v. Unum Life Insurance Company of America, 251 F.Supp.3d 349 (D. Mass. 2017); 334 F.Supp.3d 411 (D. Mass. 2018)
• Libby v. Unum Life Insurance Company of America, 2018 WL 1662183 (D. Mass. 2018)

• Rosenthal v. Unum Group, 2018 WL 1250483 (D. Mass. 2018)

• Schwartz v. Keolis Commuter Services, 2018 WL 1411202 (D. Mass. 2018)

• Hack v. AXA Equitable Life Ins. Co., 2016 WL 5662016 (D. Mass. 2016)

• Kurma v. Starmark, Inc., 160 F.Supp.3d 420 (D. Mass. 2016)

• Sugalski v. The Paul Revere Life Insurance Company, 2015 WL 1443117 (D. Mass. 2015)

• Doe v. Unum Life Ins. Co. of America, 35 F.Supp.2d 182 (D. Mass. 2014)

• Prouty v. Hartford Life and Acc. Ins. Co., 997 F.Supp.2d 85 (D. Mass. 2014)

• Ginsberg v. Provident Life and Accident Insurance Company, 2013 WL 6008937 (D. Mass. 2013)

• Humphrey v. Paul Revere Life Ins. Co., 2012 WL 928532 (D. Mass. 2012)

• Drake v. Town of Mansfield v. Sun Life Assurance Co. of Canada, 652 F.Supp.2d 236 (D. Conn. 2009) 

• Forrest v. The Paul Revere Life Insurance Company, 662 F.Supp.2d 183 (D. Mass. 2009)

• McGahey v. Harvard University Flexible Benefits Plan, 685 F.Supp.2d 168 (D. Mass. 2009)

• Shaffer v. Foster-Miller, Inc., 650 F.Supp.2d 124 (D. Mass 2009)

• Donovan v. AXA Equitable Life Insurance Company, 252 F.R.D. 82 (D. Mass. 2008)

• Paul Revere Life Ins. Co. v. Bromberg, 2008 U.S. Dist. LEXIS 50806 (D. Mass. 2008); 2008 U.S. Dist. LEXIS 50801 (D. Mass. 2008)

• Simokonis v. Saint-Gobain Corp., 2008 WL 660377 (D. Mass. 2008); 2007 WL 2259104 (D. Mass. 2007)

• Reeder v. Sun Life Assurance Company of Canada, Inc., 497 F.Supp.2d 125 (D. Mass. 2007)

• Thiffault v. Sun Life Assurance Company of Canada, 2007 WL 465182 (D. Mass. 2007)
• O’Leary v. Provident Life & Accident Insurance Company, 456 F.Supp.2d 285 (D. Mass. 2006)

• Sun Life Assurance Co. of Canada v. Conroy, 431 F.Supp.2d 220 (D. R.I. 2006)

• DePardo v. MFS/Sun Life Financial Distributors, Inc., 2005 WL 1225977 (D. Mass 2005)

• Leitzes v. Provident Life & Accident Ins. Co., 379 F.Supp.2d 15 (D. Mass. 2005)

• Landman v. Paul Revere Life Ins. Co., 337 F.Supp.2d 283 (D. Mass. 2004)

• Andrews-Clarke v. Lucent Technologies, Inc., 157 F.Supp.2d 93 (D. Mass 2001)

• Tuohig v. Principal Ins. Group, 134 F.Supp.2d 148 (D. Mass. 2001)

• Paul Revere Variable Annuity Ins. Co. v. Thomas, 66 F.Supp. 2d 217 (D. Mass. 1999)

• Vickers v. Principal Mut. Life Ins. Co., 993 F.Supp. 19 (D. Mass. 1998)
• Andrews-Clarke v. Travelers Ins. Co., 984 F.Supp. 49 (D. Mass. 1997)

• Finne v. Paul Revere Life Ins. Co., 981 F.Supp. 57 (D. Mass 1997)

• Sotiropoulos v. Travelers Indem. Co. of Rhode Island, 971 F.Supp. 52 (D. Mass 1997)

• Whalen v. Wyman-Gordon Co., 976 F.Supp. 95 (D. Mass. 1997)
• Garganigo v. Wyman-Gordon Co., 1994 WL 326621 (D. Mass. 1994)
• Kiley v. Travelers Indem. Co. of Rhode Island, 853 F.Supp. 6 (D. Mass. 1994)

State Trial Courts

• Spafford v. The Paul Revere Life Ins. Co., 2022 WL 16555153 (Mass. Super. 2022)
• Valenti v. The Paul Revere Life Ins. Co., 2002 WL 406972 (Mass. Super. 2002)
• Muffin Trust v. MONY life Insurance, 2019 WL 775374 (Mass. 2019)
• Jewel v. Unum Provident Corporation, 2005 WL 705050 (Mass. 2005)
• Fallon v. Federal Express Corp., Inc., 2002 WL 31677216 (Mass. Super 2002)
• Paul Revere Life Ins. Co. v. Payne, 2000 WL 424499 (Mass. Super 2000)