Merrick

I. Background

A. History of Merrick’s Claim

G. Clinton Merrick, Jr. purchased an “own occupation” dis- ability policy from defendant Paul Revere Life Insurance Company in 1989. Under that policy, if Merrick was “unable to perform the important duties of [his] Occupation” due to “Injury or Sickness,” he was entitled to a “total disability” benefit of $12,000 per month for the duration of his disability. At the time, Merrick was one of three partners at a venture capital firm, responsible for raising capital, evaluating invest- 11114 MERRICK v. PAUL REVERE LIFE INSURANCE CO. ment options, and participating as a director in companies in which the firm invested. Merrick had entered the venture cap- ital arena following a successful career as a marketing execu- tive, where his accomplishments included campaigns for Country Time Lemonade, Crystal Light drink mix, and the “Kool-Aid Man.”

In the early 1990s, Merrick began suffering from fatigue, muscle pain, mental confusion, and other difficulties that affected his work performance. His attending physician, Dr. Simon Epstein, referred him to several specialists to identify the problem. In August 1993, Dr. Stuart Mushlin…