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Insurance
Bad Faith
Breach of Contract

James S. Shapiro v. The Paul Revere Life Insurance Company

Published: Feb. 14, 1998 | Result Date: Oct. 10, 1997 | Filing Date: Jan. 1, 1900 |

Case number: C961758FMS Verdict –  $0

Judge

Henry S. Woods III

Court

USDC Northern


Attorneys

Plaintiff

Craig A. Miller
(Miller & Calhoon)

Harvey R. Levine


Defendant

William F. Lee
(Wilmer, Cutler, Pickering, Hale & Dorr LLP)

Horace W. Green
(Brothers Smith LLP)


Experts

Plaintiff

Alan Flach
(medical)

Robert N. Mitgang
(medical)

Robert D. Weyand
(medical)

Defendant

Stuart Seiff
(medical)

Facts

Plaintiff James Shapiro was a 59-year-old ophthalmologist, who was issued a total disability insurance policy by defendant Paul Revere Life Insurance Co. The policy provided benefits if he could not perform the duties of his regular occupation. Plaintiff made a claim under the insurance policy because he was unable to perform operating room surgery. Hospital room surgery constituted 15 percent of plaintiff's practice per week but plaintiff claimed it constituted 80 percent of his income. Plaintiff received $200,000 in benefits over four years until defendant finally terminated payments. The plaintiff brought this action against the defendant based on breach of contract and bad faith theories of recovery. Trial was bifurcated and the case went forward on the breach of contract claim.

Settlement Discussions

The plaintiff made a settlement demand for $340,000 (per plaintiff), $1.1 million (per defendant). The defendant offered $150,000.

Other Information

A mediation was held on Nov. 7, 1997, before Martin Quinn, Esq. of Rogers, Joseph, O'Donnell & Quinn resulting in no settlement. The verdict was reached approximately one year and seven months after the case was filed.

Deliberation

nine hours

Poll

8-0

Length

four days


#125726

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