Brian P. McDonough
bmcdonough@mcmlawfirm.com
Direct: (617) 742-6520 ext. 236
Brian McDonough is a founder and managing partner of McDonough Cohen & Maselek LLP. Brian’s practice is focused on advising and representing insurance companies. His coverage expertise and advice extends to an array of third-party and first-party insurance policies. He routinely represents carrier interests in coverage-related litigation, and against allegations of bad faith. Brian is an elected Fellow of the American College of Coverage Counsel, and since 2010 has been recognized annually by Super Lawyers Magazine as a top-rated insurance lawyer. He frequently speaks and writes on insurance law issues, and has served as the Chair of the Directors and Officers Subcommittee of the Defense Research Institute’s Insurance Law Committee, and as a member of the Steering Committee for the New England Chapter of the Professional Liability Underwriting Society.
Brian is a graduate of Johns Hopkins University and Boston University School of Law. Immediately after law school, he served as a law clerk to the Justices of the Massachusetts Superior Court.
Representative litigated matters that Mr. McDonough has handled include:
- Reis v. East Coast Bldg. Materials, LLC, 2024 WL 989603 (Mass. Super. Feb. 5, 2024) (Trial Decision)
- Firemen’s Insurance Company of Washington, D.C. v. Story, 858 Fed. Appx. 20 (2d Cir. 2021)
- Firemen’s Ins. Co. of Washington, D.C. v. ACE American Ins. Co., 465 F. Supp.3d 254 (W.D.N.Y. 2020)
- Fontaine Bros., Inc. v. Acadia Ins. Co., 2019 WL 4120285 (D. Mass. Aug. 29, 2019)
- Reis v. Travelers Indem. Co., 2019 WL 8198302 (Mass. Super. Dec. 3, 2019)
- Consigli Construction Co., Inc. v. Travelers Indemnity Co., 256 F.Supp.3d 62 (D.Mass. 2017)
- Matckie v. Great Divide Ins. Co., 34 Mass.L.Rptr. 275 (2017)
- American Guarantee & Liability Ins. Co. v. Lamond, 2016 WL1312008 (D.Mass. Apr.4, 2016)
- Certain Underwriters at Lloyd’s London, London v. G&P Properties LLC, et al., 2015 WL 1243398 (D.Mass. Mar.18, 2015)
- American Guarantee & Liability Ins. Co. v. Lamond, et al., 2014 WL 3735905 (D.Mass. Jul.29, 2014)
- Hurley v. American Guarantee & Liability Ins. Co., 85 Mass.App. Ct 1101, 2014 WL 683731 (Mass. App. Ct. Feb 24, 2014) (unpublished disposition)
- Zavalianos v. Southern Folger Detention Equipment Co., LLC, 2012 WL 4023624 (D.Mass. Sept. 11, 2012)/li>
- DeMarco v. Travelers Ins. Co., 26 A.3d 585 (R.I. 2011)(identified as one of “Ten Most Significant Coverage Decisions” for 2011 by Mealey’s Litigation Report: Insurance, Vol. 26, #10 (January 11, 2012))
- Welch Foods, Inc. v. National Union Fire Insurance Co., 2010 WL 3928704 (D. Mass. Oct. 1, 2010)
- Hunter v. Citibank, 2010 WL 2509933 (N.D. Cal. Feb. 3, 2010)
- SunMicrosytems, Inc. v. Electronic Services, Inc., 25 Mass.L.Rptr. 341, 2009 WL 987336 (Mass.Super. 2009)(April 13, 2009, Hinkle, J.)
- Tilton v. National Union Fire Ins. Co. of Pittsburgh, PA, 2008 WL 781921 (D.Mass. 2008)
- Christine Anne Realty Corp. v. Gulf Ins. Co., 23 Mass.L.Rptr. 363, 2007 WL 4707788 (Mass.Super. 2007)(Dec. 14, 2007, van Gestel, J.)
- Modern Continental Construction Co. v. Zurich Ins. Co., 21 Mass.L.Rptr. 114, 2006 WL 1258760 (Mass.Super. 2006) (April 19, 2006, van Gestel, J.)
- L.B. Corp. v. Schweitzer-Mauduit International, Inc., 121 F.Supp.2d 147 (D.Mass. 2000)
Positions, presentations and publications by Mr. McDonough include:
- Authored “Hell Hath No Fury Like a General Contractor Scorned (But We Are Still Not Going to Pay for Your Defense): Coverage-Based Arguments for Resisting General Contractor Demands for Defense Under Subcontractor CGL Policies,” For the Defense, Defense Research Institute (May 2021)
- Co-presented “What Goes Around, Comes Around: Bad Faith Claims Between Insurers” at Defense Research Institute’s Insurance Bad Faith and Extra-Contractual Claims Symposium (June 2017)
- Chair of the Directors and Officers Subcommittee of the Defense Research Institute’s Insurance Law Committee (2015-2016)
- Steering Committee for the New England Chapter of the Professional Liability Underwriting Society (PLUS) (2011-2013)
- Served as Regional Editor (New England States) for Defense Research Institutes’ Excess and Umbrella Insurance State-by-State Compendium (January 2012)
- Co-presented on “Proven Strategies for Bad Faith Claims Where Multiple Layers of Insurance Are Involved” at the American Conference Institute’s 22nd National Advanced Forum on Bad Faith Litigation (November 2011)
- Co-presented a webcast for the Defense Research Institute on “Practical and Tactical Tools for Defending Extra-Contractual Claims” (June 2009)
- Co-presented on “Tactical Considerations for Exercising the Right, and Terminating the Duty, to Defend” at the Defense Research Institute’s Insurance Bad Faith and Extra-Contractual Claims Symposium (June 2009)
- Co-presented “Insurance 101: Is It Covered? Spotting Insurance Issues in Everyone’s Practice” at the American Bar Association’s Midyear Meeting (February 2009)
- Co-authored “Litigating Coverage for Clergy Sexual Abuse Claims: Lessons Learned in Boston,” presented at the Defense Research Institute’s annual Insurance Coverage Practice Symposium (December 2005)
- Co-authored “Recent Developments in the Law Affecting Professionals, Officers, and Directors” published in the American Bar Association’s Tort & Insurance Law Journal(Winter 2005)
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