Carney v. Paul Revere Life Insurance

The defendant insurer, The Paul Revere Life Insurance Company (Paul Revere), paid benefits to the plaintiff, Andrew L. Carney, M.D., under a disability insurance policy, after Dr. Carney filed a claim stating that he was disabled by “sickness.” The policy provided a maximum benefit period until age 65 for a total disability due to “sickness,” and a lifetime benefit for a total disability due to “injury.” Shortly before the policy’s “sickness” benefits were to expire, Dr. Carney sought to recharacterize his disability as an “injury.” Paul Revere refused the reclassification, and in March 1998,…