Metropolitan Life Insurance v. Cotter

984 N.E.2d 835, 464 Mass. 623, 2013 WL 979445, 2013 Mass. LEXIS 50
CourtMassachusetts Supreme Judicial Court
DecidedMarch 15, 2013
StatusPublished
Cited by89 cases

This text of 984 N.E.2d 835 (Metropolitan Life Insurance v. Cotter) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Metropolitan Life Insurance v. Cotter, 984 N.E.2d 835, 464 Mass. 623, 2013 WL 979445, 2013 Mass. LEXIS 50 (Mass. 2013).

Opinion

Lenk, J.

After paying disability benefits to the defendant, James M. Cotter, for several years, the plaintiff, Metropolitan Life Insurance Company (MetLife), determined that Cotter had failed to satisfy a clause in his “own occupation” disability [624]*624insurance policy that required him to receive care by a physician that “is appropriate for the condition causing the disability.”1 Interpreting this clause as requiring Cotter to pursue treatment aimed at returning him to his prior occupation, MetLife advised Cotter that the care he was receiving was not appropriate because it expressly disavowed a return to his prior occupation, and, indeed, was focused on a “return to work in [an] alternate occupation.” MetLife informed Cotter that it would continue to pay him benefits under a reservation of rights during the pendency of the litigation, and filed an action in the Superior Court seeking a judgment declaring that it had no continuing obligation to pay benefits to Cotter and reimbursement of benefits it had paid under the unilaterally asserted reservation of rights. Cotter filed counterclaims for violations of G. L. c. 93A and G. L. c. 176D.

Following a jury-waived trial, a Superior Court judge directed the entry of a judgment declaring that, because Cotter was not receiving care “appropriate for the condition causing the disability,” MetLife was not required to continue paying him benefits, but declaring also that MetLife was not entitled to restitution of any benefits paid. The judge denied Cotter’s counterclaims and his motion for reconsideration. The judge also denied MetLife’s motion to amend the judgment. Both parties filed timely notices of appeal, and we granted Cotter’s motion for direct appellate review.

We are asked to determine the standard of care required where a disability insurance contract conditions payment of benefits upon receipt of care “appropriate for the condition causing the disability.” We must determine also whether, absent a policy provision authorizing such reimbursement, an insurer may obtain reimbursement of benefits paid to an insured who was not receiving the required care.

We conclude that Cotter is not entitled to benefits under the policy, since he is not receiving care designed to enable him to return to his prior occupation, and affirm so much of the judgment as declares that MetLife has no continuing obligation to pay Cotter disability benefits. We conclude also that MetLife is not entitled to reimbursement for benefits it has paid Cotter, and [625]*625affirm so much of the judgment as declares that Cotter has no obligation to reimburse MetLife for such benefits, but on grounds other than those relied on by the trial judge. See Kelly v. Avon Tape, Inc., 417 Mass. 587, 590 (1994) (appellate court may uphold correct ruling by trial court on ground different from that relied on by trial court).

1. Background. We recite the facts found by the trial judge, augmented by facts in the record that the parties do not dispute. In 1995, Cotter purchased an “own occupation” disability insurance policy2 from an affiliate of MetLife.3 In September, 2004, Cotter was diagnosed with cancer of the prostate; he underwent a radical prostatectomy in November. Following the surgery, Cotter took a leave of absence from his job as a sales manager for a global broker of electronic components, a position involving long hours in a high-stress, fast-paced environment, which Cotter described as akin to working on the trading floor of a stock exchange.4 He also filed a claim for disability benefits. Although Cotter returned to work on January 31, 2005, he was unable to perform satisfactorily, in part due to postsurgical [626]*626incontinence, and his employment was terminated two weeks later. He resubmitted his disability claim, this time for disability occasioned by incontinence. In February, 2005,5 Cotter began receiving disability payments of $5,750 per month, and began treatment for incontinence with two urologists.

As part of his treatment for incontinence, Cotter had been referred to a social worker at the Dana Farber Cancer Institute. Staff there determined that Cotter was not recovering well from the psychological and emotional effects of the surgery and his postsurgery limitations, and recommended that Cotter receive psychological counselling. In September, 2005, Cotter began seeing Dr. Jonathan Weiss, a licensed psychiatrist who was one of the practitioners on a list provided by Cotter’s medical insurer.

Cotter’s difficulties with incontinence were largely resolved by October, 2005, and one of his urologists notified MetLife that Cotter should be able to return to work by November 5. MetLife advised Cotter by letter that his benefits would be discontinued as of November 30, and suggested that, if he still felt unable to return to work, he submit any additional medical information relative to his claim.

Following receipt of MetLife’s letter, Cotter requested that his claim be reopened on the basis of a psychiatric disability. On November 30, Weiss submitted a letter to MetLife stating that Cotter was in “treatment with” him and that Cotter was “not able to return to work at this time for medical reasons.” On December 22, 2005, Weiss submitted an “attending physician’s statement” requested by Metlife. Weiss reported that Cotter was suffering from “major depression, single episode, severe,” with “gradual stabilization anticipated.” In February, 2006, Weiss changed his diagnosis to “major depression, recurrent,” a diagnosis which has remained unchanged since then. Weiss prescribed a treatment regimen of antidepressant and anti-anxiety medications and “supportive” therapy. While Weiss monitored the impact of the medications, and the dosages of certain medications have changed, his general recommendations [627]*627of antidepressant and antianxiety medications and supportive therapy have not changed since that time.

Cotter reported to Weiss that he felt he was unable to think or function as he had before, and that he would be unable to perform under the high-stress conditions of his job in the electronics industry. He had difficulty concentrating or handling multiple tasks at one time, a necessity in the electronics broker trading floor environment where he had managed numerous people calling out purchase and sale orders for his approval while the customer, frequently in another country, waited on the telephone. Cotter also discussed these concerns with his then MetLife claims representative. In May, 2006, Cotter obtained a teaching certificate and subsequently began working as a substitute special education teacher in a public high school.6 In October, 2006, he began serving as an aide to one of the school’s students with autism, a position which paid $14,273 per year. MetLife continued to pay the full $5,750 monthly disability benefit during this period.7

In the spring of 2007, MetLife assigned Cotter’s file to a new [628]*628claims representative who arranged for him to be evaluated by two independent medical examiners (IMEs), Dr. Lawrence S. Fieman, a neuropsychologist, and Dr. Ronald Schouten, a psychiatrist. Fieman reviewed Cotter’s medical records, conducted a clinical interview, and administered the Minnesota Multiphasic Personality Inventory-2 (MMPI-2) test.

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Bluebook (online)
984 N.E.2d 835, 464 Mass. 623, 2013 WL 979445, 2013 Mass. LEXIS 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-life-insurance-v-cotter-mass-2013.