Reported Insurance Cases

Successfully represented Boston Symphony Orchestra in leading case in Massachusetts on duty to defend under “personal injury” coverage. Boston Symphony Orchestra, Inc. v. Commercial Union, 406 Mass. 7 (1989).

Successfully represented Massachusetts Medical Professional Insurance Association in arguing that as a state created entity, it is not subject to bad faith liability or c. 93A. Poznik v. The Massachusetts Medical Professional Insurance Association, 417 Mass. 48 (1994).

Successfully defended The Medical Malpractice Joint Underwriting Association of Massachusetts (“JUA”) after 10-day trial in a bad faith case brought by excess insurer where JUA failed to settle underlying claim, which resulted in approximately $9,000,000 judgment against insured. American Universal v. The Medical Malpractice Joint Underwriting Association of Massachusetts, et al., Suffolk Superior Ct., No. 89-1749-D (no appeal taken).

Successfully represented Liquor Liability Joint Underwriting Association of Massachusetts in liquor liability insurer before SJC against GL carrier in recovering contribution to defense costs and full amount of settlement when GL carrier refused to participate. Liquor Liability Joint Underwriting Association v. Hermitage Insurance Co., 419 Mass. 316 (1995).

Successfully represented Liquor Liability Joint Underwriting Association of Massachusetts in first appellate decision to construe liquor liability policy. Jimmy’s Diner, Inc. v. The Liquor Liability Joint Underwriting Association, 410 Mass. 59 (1991).

Successfully represented Balboa Insurance Company (a member of AVCO Group), a nationwide taxicab insurer, in enjoining managing general agent from continued issuance of policies; further injunction requiring release of substantial premiums held by agent; further injunction preventing agent from dissipating assets. Frontier Management Co., Inc. v. Balboa Insurance Company, 658 F. Supp. 987 (D. Mass. 1986); 622 F. Supp. 1016 (D. Mass. 1989).

Successfully represented Balboa Insurance Company in dismissal of federal court action by competing taxicab insurer alleging violations of c. 93A and antitrust laws arising out of alleged failure to provide accurate rating information to rating agency and Division of Insurance. American Transportation Insurance Company v. Balboa Insurance Company, 1989 U.S. Dist. Lexis 10063.

Successfully represented malpractice insurer in two-week jury trial where insurer refused to pay amounts billed to it by former defense counsel because bills for legal services appeared inflated; jury awarded the plaintiff less than 15% of his invoices and upheld insurer’s counterclaim. Kendrick v. Medical Malpractice Joint Underwriting Association of Massachusetts, Suffolk Superior Court, No. 92-2591 (1993) (no appeal taken).

Successfully represented Massachusetts Property Insurance Underwriting Association in first case in Massachusetts to determine trigger of coverage for lead paint injury under homeowner’s policy. Massachusetts Property Insurance Underwriting Association v. Nichols, Suffolk Superior Ct., No. 89-6470 (1991).

Successfully represented Travelers Insurance Company in leading case in First Circuit on hazardous waste insurance coverage. Travelers Insurance Company v. Waltham Industrial Labs, 883 F.2d 1092 (1st Cir. 1989).

Represented insurer in defeating challenge to restrictions on retroactive coverage in claims-made policy. James J. Mawn Enterprises, Inc. v. Liquor Liability Joint Underwriting Association, 42 Mass. App. Ct. 417 (1997).

Successfully defended insurer in action alleging bad faith failure to settle a suit that resulted in a judgment $1 million in excess of the insureds’ policy limits. Mayer v. Medical Malpractice Joint Underwriting Association, 40 Mass. App. Ct. 266, rev. denied, 422 Mass. 1110 (1966).

Obtained summary judgment for insured in suit against general liability insurer to recover payments to statutory UFFI trust fund to resolve claims against insured arising out of sale of urea-formaldehyde foamed in place insulation. Colonial Gas Co. v. Aetna Cas. & Surety Co., 823 F. Supp. 975 (D. Mass 1993).