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
Court
USDC Northern
Attorneys
Plaintiff
Craig A. Miller
(Miller & Calhoon)
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
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