Category Archives: Highlights/News

Maselek Prevails in Supreme Judicial Court

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 →

McDonough Prevails in Second Circuit

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 →

McDonough Elected as Fellow by American College of Coverage Counsel

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 →

Cohen Article on Taking the Temperature of the Courts: When Do Claims Made Against Health Care Facilities and Workers Involve “Professional Services?”

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.

Client Wins EPLI Insurance Coverage Arbitration

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.

Cohen, Co-Authors Article on Cases Construing Professional Services Definition

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.

Praise for the Professional Liability Insurance Coverage Compendium

“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 →

Professional Liability Insurance Coverage Compendium Published by DRI

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 →

McDonough obtains Summary Judgment Dismissal of Age Discrimination Claim

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 →

Client Awarded $300,000 for Successfully Defending Coverage Case

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 →

Cohen Presents at Professional Liability Seminar

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.

McDonough Presents on Bad Faith Litigation

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.”

Third Circuit Affirms Judgment for Client

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 →

Firm Client Prevails in Motion to Compel Arbitration

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.

Defense Verdict for Client in Arbitration

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.

Pennsylvania Appellate Court Affirms Summary Judgment Ruling for Client

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 →

McDonough Obtains Summary Judgment for Insurer in Bad Faith Case

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 →

Defense Verdict for Cohen and Maselek

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.