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Meet Our Team: CCK Partner Mason Waring

May 25, 2018


Mason Waring grew up in Rhode Island.  He earned a BA in public administration and political science from Rhode Island College in 2003.  During college, he worked as an intern in Rhode Island state government.  He excelled and was offered a full-time position after graduation working on the Rhode Island Governor’s efficiency audit of state government.  From there, he entered Roger William’s University School of Law in 2004. In law school, Mason’s class on Trial Advocacy played a big role in the career choices he made down the line. His professor for the course, a plaintiffs’ lawyer, represented individuals with personal injury claims against insurance companies. The professor spoke of standing up for the little guy and getting justice for the underdog, which really resonated with Mason.

Mason at Chisholm Chisholm & Kilpatrick

Mason came to CCK a decade ago, in 2008 as a young attorney. In 2017, he was named Partner. He practices insurance litigation, with an emphasis on representing individuals in their claims for long-term disability (LTD), health, life and other insurance benefits under ERISA and non-ERISA insurance policies.  He has also achieved excellent results for clients in serious personal injury claims involving car accidents, premises liability, and construction accidents.

ERISA stands for the Employee Retirement Income Security Act of 1974. ERISA, a federal law, was originally enacted to protect workers’ pensions.  Through amendments it came to cover employer provided health and welfare benefits such as long-term disability (LTD), life insurance and health insurance benefits.  If you receive long-term disability (LTD), life insurance, or health insurance from your employer, and you don’t work for the government, your insurance may be governed by ERISA. People also buy long-term disability insurance for themselves directly from the insurance company. These individually-purchased policies will likely not be governed by ERISA.

ERISA claims can be challenging because ultimately, if they’re denied, they end up in federal court. And for ERISA cases, you don’t typically get a trial by jury.

When is the ideal time to contact CCK about an ERISA case?

People come to us if they have a disability that prevents them from working and they need to file a claim or have already filed a claim but have been denied by the insurance company. For some people it makes sense to have an attorney represent them on the initial claim.  For most, if the LTD claim has been denied, the appeal is a pivotal time because – particularly in an ERISA case – that is the last chance you will have to make sure everything you need is in the evidentiary record.

When your claim is initially denied, you have to go through an administrative appeal process. During that administrative appeal process, it’s important that you get all the substantive evidence that you would need to win your case in the record (i.e. in your claims file) before appealing to court. This is because, when ERISA cases go to court, you’ll be dealing with a “closed record” (with few exceptions). Having a closed record means the judge will make a decision based only on what is already in your record from the administrative appeals process.

The Insurance Litigation Team at CCK

Mason loves that his insurance litigation team is able to help people every day. They put their experience and hard work to good use helping individuals with disabilities get the benefits they deserve and the financial stability that comes with that.

The team handles cases the way they would want their own personal cases handled. They bring the same skill, enthusiasm, and dedication to every claim. They aim to be tough on big insurance companies and compassionate with clients who are going through a tough time in their life.

From where (geographically) does CCK take ERISA cases?

Chisholm Chisholm & Kilpatrick handles administrative appeals across the country. At the administrative level, they are usually dealing with national or regional claims offices from large insurance companies. For litigation (if the claim is denied at the administrative level and appealed), the CCK team can either take the insurance company to court locally or use local counsel around the country.  CCK handles personal injury claims in Rhode Island and Massachusetts.

Mason’s Personal Life

Mason lives in Rhode Island with his wife and two boys.  The boys are into sports, so in his personal time, Mason is busy either coaching or attending a game. Off the playing field, Mason and the boys sometimes make stop motion animation Lego movies together.  Mason also enjoys running and biking.

To Mason, CCK is the ideal work environment. “We are passionate about taking care of our clients, we’re dedicated to our work and it’s just a good, enjoyable group to be with.”