The First Circuit Court of Appeals affirmed the District Court’s grant of summary judgment in favor of Mr. Maselek’s client, holding that the property insurer had no obligation to pay additional property insurance proceeds because the insured did not satisfy the insurance policy’s clear and unambiguous condition precedent by actually rebuilding the damaged property within… Continue Reading →
In a case of first impression, the Supreme Judicial Court of Massachusetts affirmed the trial court’s grant of summary judgment in favor of Mr. Maselek’s client, determining that where the named insured was designated in the declarations page as “Dipika Inc dba Super 8,” the policy’s coverage is limited to potential liabilities arising from Dipika’s… Continue Reading →
The U.S. Court of Appeals for the Second Circuit has affirmed a prior determination by the U.S. District Court for the Western District of New York that Mr. McDonough’s clients, an insured and its insurer, owed no contractual indemnification or “insured contract” coverage, respectively, for potential negligence liabilities of foreman procured from staffing company by… Continue Reading →
Brian McDonough was quoted in an article by Business Insurance magazine concerning a favorable outcome that he obtained for his clients (an insurer and its named insured) in the U.S. Court of Appeals for the Second Circuit. View Article Here
Brian McDonough was recently elected as Fellow by the American College of Coverage Counsel. The ACCC is composed of preeminent coverage and extracontractual counsel, with Fellows representing both policyholders and insurers and Honorary members from academia. Attorney McDonough has been identified as an attorney who meets the rigorous membership requirements in the ACCC, to instill… Continue Reading →
R.J. Maselek recently obtained a summary judgment ruling in Norfolk Superior Court based on the Named Insured designation. The court determined that where an insurance policy identifies a named insured as a “dba,” the scope of coverage is limited to business activities conducted under the designated limitation and does not extend to other businesses that… Continue Reading →
Brian McDonough recently obtained a summary judgment ruling from the U.S. District Court that a policy’s “impaired property” exclusion precluded coverage for a loss of use of the Worcester DCU Center’s hockey rink (see, Fontaine Bros. Inc. v. Acadia Ins. Co., 2019 WL 4120285 (D. Mass. Aug. 29, 2019)). Link to Lawyers Weekly article can… Continue Reading →