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 →
Brian McDonough and Mark Cohen have been named to the New England Super Lawyers list for Insurance Coverage, both for the past consecutive 11 years. The Super Lawyers list recognizes no more than 5% of lawyers in any state.
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 →
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 →
Brian McDonough and Mark Cohen have been named to the New England Super Lawyers list for Insurance Coverage. The Super Lawyers list recognizes no more than 5% of lawyers in any state.
Mark Cohen’s article, Enforcing Arbitration Provisions in Professional Liability Policies, was published in the September 2015 edition of “Covered Events,” an electronic newsletter of the Defense Research Institute’s Insurance Law Committee.
Mark Cohen’s article, Taking the Temperature of the Courts: When Do Claims Made Against Health Care Facilities and Workers Involve “Professional Services?” was published in the February 2015 edition of “Covered Events,” the Insurance Law Committee of the Defense Research Institute’s electronic newsletter.
Mark Cohen’s article, The Ten Most Significant Professional Liability Coverage Decisions of 2014, was published in the October 2014 edition of “Covered Events,” the electronic newsletter of the Insurance Law Committee of the Defense Research Institute. Mark’s “Leadership Notes” also appeared in the same edition.
Mark Cohen spoke on “Professional Services Liability: Analyzing Claims” at the Property and Liability Resource Bureau’s Regional Adjusters Conferences in Bellevue, WA in June 2014, Minneapolis, MN in August 2014 and will present in Providence, RI in November 2014.
R.J. Maselek co-authored a chapter on coverage for Cybertorts in DRI’s Personal and Advertising Injury Compendium, a comprehensive resource on claims under Coverage B. The chapter discusses this emerging issue, which will continue to pose issues in the electronic age.
An arbitration panel has unanimously found in favor of Mark Cohen’s client in an insurance coverage arbitration (Mark Cohen represented the insurer). The issue was whether there was coverage under an Employment Practices Liability policy for three underlying wage and hour class actions filed in California state courts.
Mark Cohen spoke on “Hot issues in Claims Made and Reported Policies” at DRI’s Insurance Coverage and Claims Institute in Chicago (April, 2014).
Mark Cohen co-authored “Insurance 101: Evaluating Whether the Insured Was Performing Professional Services.”
Mark Cohen’s article, “Fine-Tuning What Constitutes a Professional Service under Liability Policies,” was published in the DRI Insurance Law Committee’s monthly newsletter, “Covered Events.” The article discusses what constitutes a “professional service” and offers insight into how recent cases may impact professional liability claims facing insurers.
Mark Cohen’s article, “Key Aspects of Professional Liability Coverage Issues – An Excerpt From Professional Liability Insurance Coverage: A Compendium of State Law,” was published in the December 2012 issue of “Covered Events,” a publication of the Defense Research Institute’s Insurance Law Committee.
Mark Cohen spoke on “Professional Liability 101: Insurance Coverage,” a webinar presented by the Defense Research Institute’s Professional Liability Committee on February 5, 2013.
“If you are involved in any way with professional liability insurance coverage, you need to have a copy of DRI’s new …compendium of professional liability coverage issues on your desk. It’s just that simple. …Editor-in Chief Mark Cohen starts things off with a very thorough introduction. It is an excellent overview of professional liability coverage…. Continue Reading →
Mark Cohen moderated a panel discussion on “Hot Issues in Professional Liability Coverage: Lessons from the DRI Compendium,” at DRI’s Insurance Coverage and Practice Symposium in New York City on December 7, 2012.
For all United States jurisdictions and Canada (except Quebec), “Professional Liability Insurance Coverage: A Compendium of State Law” summarizes significant law concerning professional liability insurance and claims-made coverage issues. This two volume publication includes approximately 1,750 cases. Mark Cohen was Editor in Chief, a state author (Massachusetts, Guam and the Virgin Islands) and a Regional… Continue Reading →
The Chief Magistrate Judge for the United States District Court for the District of Massachusetts granted Brian McDonough’s motion for summary judgment dismissal of an age discrimination claim lodged against his client, a national designer and manufacturer of detention facility products. Zavalianos v. Southern Folger Detention Equipment Co., LLC, 2012 WL 4023624 (D.Mass. Sept. 11,… Continue Reading →
The United States District Court for the Virgin Islands awarded the firm’s client, Lexington Insurance Company, $300,000 in attorneys’ fees and costs for successfully defending against an insurance coverage lawsuit. Lexington was granted summary judgment by the court in 2009 and in 2011 the Third Circuit affirmed. The fees were awarded under the Virgin Islands’… Continue Reading →
Brian McDonough served as Regional Editor (New England States) for the Defense Research Institute’s newly released “Excess and Umbrella Insurance State- by-State Compendium” (January 2012).
Mark Cohen participated in a panel discussion at the Defense Research Institute’s Professional Liability conference on December 15-16, 2011 in New York City. Mark spoke about issues involving burning limits policies, hammer clauses and consent to settle provisions. Mark also co-authored a paper on these issues which was included in the seminar materials.
On November 30, 2011, Brian McDonough presented at the American Conference Institute’s 22nd National Advanced Forum on Bad Faith Litigation in Orlando, Florida. Mr. McDonough spoke on the subject of “Proven Strategies for Bad Faith Claims where Multiple Layers of Insurance Are Involved.”
The Third Circuit Court of Appeals has affirmed the judgment of a Virgin Islands district court judge for the firm’s client, Lexington Insurance Company. The Third Circuit agreed that Lexington did not breach its contract with an insured by filing an interpleader action rather than paying the policy limits to the insured over another insured’s… Continue Reading →
A federal district court judge from the Central District of California recently granted a motion to compel arbitration filed by the firm’s client, First Mercury Insurance Co., in Rodriquez v. Southern California Pizza Corp. Mark Cohen represented the insurer, along with local California counsel.
Brian McDonough was appointed as a member of the Steering Committee for the New England Chapter of the Professional Liability Underwriting Society (PLUS).
The Defense Research Institute has published the Third Edition of its Bad Faith Compendium, a 50 state survey of bad faith law. Mark Cohen served as a regional editor (New England, Canada).
Mark Cohen spoke on November 19, 2010 at the Defense Research Institute’s Insurance Coverage and Practice Symposium in New York City about Emerging Issues Involving Employment Practices Insurance.
Brian McDonough obtained a summary judgment from the United States District Court for the District of Massachusetts dismissing claims arising from insured’s alleged misrepresentation of product ingredients under general liability policy’s advertising injury coverage.
Mark Cohen was a panelist on “How to Pick a Mediator” at the Boston Bar Association on October 14, 2010.
Mark Cohen’s article, “Stopping the End Around: Enforcing the Reporting Requirement in a Claims-Made Policy and the Continuous Coverage Theory” was published in the July 2010 issue of Covered Events, a publication of DRI’s Insurance Law Committee.
Mark Cohen secured a defense verdict in an insurance coverage arbitration arising from the collapse of a Vertical Belt System at a coal mine in Illinois. The panel found that the products exclusion in the Architects and Engineers Professional Liability policy precluded coverage. The insured had sought more than $1 million in damages.
The Pennsylvania Superior Court affirmed a decision granting summary judgment to the firm’s client, Lexington Insurance Company, in a coverage and bad faith lawsuit arising from a national discrimination class action. The court found that the claim was first made before the policy period. The Superior Court further found that Lexington’s correct decision to decline… Continue Reading →
Mark Cohen obtained summary judgment for Lexington Insurance Company in the United States District Court for the District of the Virgin Islands in a breach of contract claim alleging multi-million dollar damages. HOVENSA LLC v. Lexington Ins. Co., 2009 WL 2950366 (D.V.I. Sept. 8, 2009).
Mark Cohen spoke at the Defense Research Institute’s Annual Meeting about The Greening of America: New issues in Construction and Insurance Litigation.
Mark Cohen’s article, Passing the Bill: Do Claims Involving an Insured’s Bills, Fees or Charges Allege a “Professional Service?” was published in the Defense Research Institute’s June 2009 Covered Events publication.
Brian McDonough co-presented a webcast for the Defense Research Institute on “Practical and Tactical Tools for Defending Extra-Contractual Claims.”
Brian McDonough gave a presentation on “Tactical Considerations for Exercising the Right, and Terminating the Duty, to Defend” at the Defense Research Institute’s June 2009 Insurance Bad Faith and Extra-Contractual Claims Symposium.
Brian McDonough obtained summary judgment dismissal of an action against Commerce and Industry Insurance Company and AIG Domestic Claims, Inc. in May 2009. The suit included claims of unfair insurance practices and fraudulent inducement based upon alleged misrepresentations by claims handlers regarding coverage for purported rehabilitation services provided by a brain injury treatment facility to… Continue Reading →
Mark Cohen was appointed Chair of the Defense Research Institute’s Professional Liability subcommittee of the Insurance Law Committee in February 2009.
In an opinion issued in December 2008, Mark Cohen represented National Union Fire Insurance Company in the successful appeal affirming a defense verdict in a bad faith and insurance coverage case in the District of Massachusetts. National Union Fire Ins. Co. of Pittsburgh, Pa. v. West Lake Academy, 548 F.3d 8 (1st Cir. 2008).
Mark Cohen and R.J. Maselek obtained a defense verdict for Lexington Insurance Company in Lifestyles v. Lexington Insurance Company, a case arbitrated in September 2008 before the American Arbitration Association. The arbitration concerned the availability of coverage under an Employment Practices Liability Insurance policy and whether the insurer was estopped from raising coverage defenses.