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Massachusetts Mutual Life Insurance Company v. Jefferson9/5/2002
I.
David A. Jefferson obtained a doctorate in clinical psychology and acquired a license to practice psychology in Tennessee in 1977. He and his family moved to Sumner County where he established a flourishing private practice in Hendersonville. In 1984, Dr. Jefferson began treating Jane Roe for panic attacks and depression. Ms. Roe's panic attacks eventually subsided, and Dr. Jefferson discontinued her therapy in August 1987. However, Dr. Jefferson and Ms. Roe continued to see each other on a personal basis. Even though both of them were married, they began having a sexual relationship in October 1987. Their affair ended in February 1989 after Dr. Jefferson started an affair with another woman. Ms. Roe retaliated by telephoning Dr. Jefferson's wife and children to tell them about her relationship with Dr. Jefferson and by filing a complaint with the Board of Examiners in Psychology ("licensing board").
In May 1989, Dr. Jefferson sought therapy from Dr. Wayne C. Richard, another clinical psychologist. Dr. Richard determined that "various stressors" had rendered Dr. Jefferson "somewhat dysfunctional" in his professional and home life. In July 1989, the licensing board filed a formal notice of charges against Dr. Jefferson based on Ms. Roe's complaint. Dr. Jefferson responded to these charges by asserting that he was "a highly qualified and competent psychologist" and that "there was no ethical rule . . . which prohibited social or romantic relationships between psychologists and their former patients." Following a hearing on April 26 and 27, 1990, the licensing board entered an order on May 15, 1990, finding that Dr. Jefferson had "engaged in improper sexual contact and sexual intercourse with . . . individual who had recently completed a course of psychotherapy and was still under the influence of that powerful relationship" and that he had "used said individual to fulfill his needs and exploited said individual." Accordingly, the licensing board permanently revoked Dr. Jefferson's license to practice psychology in Tennessee.
Dr. Jefferson promptly filed a petition for reconsideration and a motion for a stay of the licensing board's May 15, 1990 order. Less than one month later, he consulted with a physician friend, Dr. William E. Hardin, about "going on disability because of depression." On October 1, 1990, Dr. Jefferson filled out a claim form seeking benefits under his Disability Income Policy issued by Massachusetts Mutual Life Insurance Company ("Massachusetts Mutual"). He described his sickness as "major depression following revocation of license" and stated that he had been totally disabled since April 29, 1990 and that he had been receiving treatment from Dr. Hardin since June 12, 1990.
On December 14, 1990, the licensing board heard argument on Dr. Jefferson's petition for reconsideration and motion for stay. Approximately one month later, on January 24, 1991, Massachusetts Mutual denied Dr. Jefferson's claim for disability benefits. Thereafter, on February 5, 1991, the licensing board denied his motions to reconsider and to stay its order. Dr. Jefferson then filed an untimely, pro se petition for reconsideration of the board's February 5, 1991 order asserting, among other things, that "I am so rehabilitated that it is almost beyond description." When the licensing board did not act on his petition, Dr. Jefferson sought judicial review of the board's decision in the Chancery Court for Davidson County.
In June 1991, Massachusetts Mutual filed a declaratory judgment action in the Circuit Court for Sumner County to ascertain its rights and obligations under Dr. Jefferson's disability insurance policy. It asserted that Dr. Jefferson's
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