Ed Rooney practices in the areas of general litigation, devoted primarily to representing life, health and disability insurance companies. He has represented many companies in the defense of claims under life, health and disability policies, claims for benefits under the Employee Retirement Income Security Act (ERISA), and conflicts between insurers and their agents and brokers regarding the sale of insurance products. He has also defended several insurers in consumer class actions alleging improper and abusive practices by insurers or their agents or brokers. Ed has served as chief trial and appellate counsel for insurers in several reported decisions which have had significant implications for the insurance industry. In addition to his insurance practice, he also has extensive experience in commercial contract litigation and has been lead trial counsel in such cases in both state and federal court.
Representative Matters
· John Hancock Mutual Life Ins. Co. and Provident Life & Accident Ins. Co. v. Banerji, 447 Mass. 875 (2006) and John Hancock Mutual Life Ins. Co. and Provident Life & Accident Ins. Co. v. Banerji, 62 Mass. App. Ct. 906 (2004) - Represented disability insurance carrier in case which clarified insurer's statutory obligation to attach a copy of insured's application to policy benefit providing additional coverage for insured and which resolved insurer from any further contractual obligations.
· Opara v. Massachusetts Mutual Life Ins. Co., 441 Mass. 539 (2004) - Successfully defended major life insurance carrier from paying $1 million life insurance claim where insured had made misrepresentations in his application for reinstatement of the policy after lapsing for non-payment of premiums.
· Kupperstein v. Massachusetts Mutual Life Ins. Co., 61 Mass. App. Ct. 1103 (2004) (rescript) - In a "vanishing premiums" case, successfully defended insurer and obtained dismissal of case based on statute of limitations grounds.
· Barrs v. Lockheed Martin Corp. and John Hancock Mutual Life Ins. Co., 287 F. 3d 202 (1st Cir. 2002) - Successfully defended major life insurer in ERISA action charging insurer with breach of fiduciary duty and improper denial of benefits.
· I.V. Services of . Inc. v. Inn Development & Management, Inc. and Reliastar Life Ins. Co., 182 F. 3d 51 (1st Cir. 1999) - Claim for medical expense benefits under ERISA benefit plan dismissed as untimely because case not commenced within the time specified in the plan's contractual limitations provision.
· Wickman v. Northwestern National Life Ins. Co., 908 F. 2d 1077 (1st Cir. 1990), cert. den., 498 U.S. 1013 (1990) - Successfully defended insurer in landmark ERISA decision establishing the necessary elements of an employer benefit plan under ERISA and the proper analysis to be used in considering an accidental death claim under ERISA.
Professional Affiliations
Boston, Massachusetts and American Bar Associations
Defense Research Institute
Association of Life Insurance Counsel (ALIC)
Case Conferencer, Boston Bar Association Alternative Dispute Resolution Program
Community Involvement
Pro Bono representation of indigent clients, Volunteer Lawyers Project of the Boston Bar Association
Everybody Wins! - Metro Boston - Power Lunch Reading Mentor
Articles/Speeches/Presentations
· "Subjective Mental and Physical Disability Disorders," presented at the American Conference Institute, Forum on Litigating Disability Insurance Claims, June 2009.
· "'Fiduciary Exception' to Attorney-Client Privilege Should Not Apply to Insurance Claims Under ERISA," Defense Research Institute (DRI) Health and Disability News, Summer 2008.
· "Applicability of the Fiduciary Exception to the Attorney-Client Privilege Under ERISA," presented at the American Conference Institute, Forum on Litigating Disability Insurance Claims, June 2008.
· "The IME Doctor, 'Paper Reviewer,' and Treating Physician: Challenging/Supporting the Assessment of the Claimant," presented at the American Conference Institute, Forum on Disability Insurance Claims & Litigation, June 2007.
· "Interpretation and Enforcement of 'Medical Care' Provisions in Disability Insurance Policies," presented at the American Conference Institute, Forum on Litigating Disability Insurance Claims, February 2006.
· "Chronic Fatigue Syndrome: The Latest Medical and Legal Trends," presented at the American Conference Institute, Forum on Litigating Disability Insurance Claims, March 2005.