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At Zelle McDonough & Cohen, we handle client matters with zealous advocacy. |
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Though our firm is most readily recognized by its achievements in trial and appellate courts - locally, regionally and nationally - far more often, successful resolution is achieved by avoiding the risks associated with trial and appeal. Risk assessment is the most valuable service we can provide to clients and our judgment and experience are our most valuable tools.
In our representation of multi-national corporations, small businesses, and individuals, we focus on providing clients with the legal insight necessary to make sound decisions. Litigation can be costly, time-consuming, and without a well-developed strategic plan for resolution, wasteful. Our judgment and experience, combined with initiative, persistence, and a commitment to innovative problem-solving, enables Zelle McDonough & Cohen to provide better, more cost effective legal services.
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Boston Office |
New York Office |
101 Federal St, 14th Floor
Boston, MA 02110 |
Tel (617) 742-6520
Fax (617) 742-1393 |
50 Main Street, 10th Floor
White Plains, NY 10606 |
Tel (914) 682-6814
Fax (617) 742-1393 |
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View Map > |
View Map > |
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ZMC Clients Obtain $4.5 Million Jury Verdict for Fraudulent Transfer and Corporate Disregard |
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A Federal jury returned a verdict in favor of ZMC clients for $4.5 million dollars in a reach and apply action based on fraudulent transfer and corporate disregard. The award will partially satisfy a substantial judgment obtained earlier in the Massachusetts Courts.
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O'Donnell Serves for Third Year on Faculty of FDCC Graduate Litigation Management Program |
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In June 2012, Barbara O'Donnell will serve for the third consecutive year on the faculty of the Federation of Defense and Corporate Counsel's five day Graduate Litigation Management Program offered to senior level corporate and insurance industry litigation management professionals. The FDCC LMC takes place at Emory University.
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ZMC Client Awarded $300,000 for Successfully Defending Coverage Case |
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The United States District Court for the Virgin Islands awarded ZMC'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' fee shifting statute. Mark Cohen represented Lexington.
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O'Donnell Presents at 2012 DRI Insurance Coverage and Claims Institute |
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On March 28, 2012 Barbara O'Donnell examined "Bad Faith Coverage Defenses: Do They Exist and Do They Work?" at DRI's Insurance Coverage and Claims Institute conference in Chicago, Illinois.
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O'Donnell Moderates Panel Addressing Ways to Handle Multiple Claims Exceeding Limits at FDCC 2012 Winter Meeting |
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On March 7, 2012, Barbara O'Donnell moderated a panel discussion addressing "Multiple Claimants and Insufficient Limits - Can Insurers Lessen their Exposure to Bad Faith Claims" at the Federation of Defense and Corporate Counsel Winter Meeting.
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In-House Defense Quarterly published Tony Zelle's "2011 Year in Review" |
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In-House Defense Quarterly published Tony Zelle's "2011 Year in Review" addressing insurance coverage and claims issues.
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McDonough Serves as Regional Editor of Excess/Umbrella Compendium |
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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). |
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Zelle leads DRI Panel Discussion with Claims Executives Re: Insurance Coverage Issues |
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At the Defense Research Institute's Insurance Coverage Symposium, Tony Zelle led a panel discussion with property and liability claims executives addressing the year-in-review and the issues expected to generate insurance coverage claims in 2012.
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Cohen Presents at Professional Liability Seminar |
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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
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McDonough Presents on Bad Faith Litigation |
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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."
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ZMC Again Tops New England's Insurance Coverage Super Lawyers Ranking |
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Six ZMC lawyers were named New England Super Lawyers for Insurance Coverage, marking the second year in a row in which ZMC had more attorneys receiving this recognition than any other law firm in the region. Super Lawyers are recognized as being in the top five percent of their practice area, as ranked by their peers. Peter Barrett, Mark Cohen, Brian McDonough, Barbara O'Donnell, Catherine O'Donnell and Tony Zelle were all honored by this publication.
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O'Donnell Appointed to a Fourth Term on American Bar Association/TIPS Book Publishing Editorial Board |
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Barbara O'Donnell has been reappointed to the ABA TIPS Tort Trial & Insurance Book Publishing Editorial Board for a fourth term. Appointments to leadership positions within TIPS are made in recognition of professional abilities and reputation among the organization's 24,500 members.
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ZMC Makes New Law in Rhode Island |
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Zelle McDonough & Cohen has overturned Rhode Island's strict liability rule for extra-contractual damages where an insurer refuses to settle a claim against its insured within the policy limit. Tony Zelle argued the case for Travelers in the Rhode Island Supreme Court:
DeMarco v. Travelers Ins. Co., WL 2697038 (R.I. July 12, 2011).
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Third Circuit Affirms Judgment for ZMC Client |
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The Third Circuit Court of Appeals has affirmed the judgment of a Virgin Islands district court judge for ZMC'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 objection. Mark Cohen represented Lexington. See HOVENSA LLC v. Lexington Ins. Co., 2011 WL 2631855 (3d Cir. July 6, 2011).
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ZMC Wins Bad Faith Case Against Property Insurer |
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A Massachusetts trial court dismissed an insured's bad faith claim against ZMC's client based on an alleged unfair and deceptive investigation following a New York court's determination that no coverage was owed under a property policy for a pier collapse.
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Zelle Leads DRI Conferences on Insurance Coverage and Bad Faith |
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As chair of the Defense Research Institute's Insurance Law Committee, Tony Zelle led the DRI's Insurance Coverage and Claim Program in Chicago in April and the Bad Faith program in June in Washington, D.C. The Insurance Coverage Practice Symposium will take place in New York, December 14-16, 2012.
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Cohen to Serve as Editor in Chief of Professional Liability Insurance Coverage Treatise |
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Mark Cohen has been appointed Editor in Chief of the Professional Liability Insurance Coverage Compendium, which is expected to be published in the second half of 2012 by the Defense Research Institute. The Compendium will survey the law in every American jurisdiction regarding professional liability and claims-made insurance coverage issues. Mark is also the Massachusetts state editor and the New England Regional editor. If you are interested in serving as a state or regional editor, please contact Mark.
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Summary Judgment Obtained by ZMC in Bad faith Claim Against Excess Carrier |
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In a case involving two excess policies, a personal lines policy that excluded coverage for "business pursuits" and a commercial lines policy that excluded "personal use," the court ruled ZMC's clients had a good faith basis for denying coverage and seeking rescission of the policy
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Page and Young article published in Defense Research Institute's Covered Events |
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Aliya Page and Suzanne Young's article, "How Many Corners Does the Eight Corners Rule Have When Claims-Made Defenses Are at Issue?" appeared in the June, 2011 edition of Covered Events, a publication of the Defense Research Institute's Insurance Law Committee
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Firm Client Prevails in Motion to Compel Arbitration |
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A federal district court judge from the Central District of California recently granted a motion to compel arbitration filed by a ZMC client, First Mercury Insurance Co., in Rodriquez v. Southern California Pizza Corp. Mark Cohen represented the insurer, along with local California counsel.
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O'Donnell Presents at MCLE Insurance Coverage Seminar |
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Barbara O'Donnell spoke at the January 26, 2011 Massachusetts Continuing Legal Education seminar addressing "What Every Lawyer Needs to Know About Insurance Coverage." The seminar was also presented through Westlaw as a webinar.
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McDonough appointed to N.E. Professional Liability Underwriting Society Steering Committee |
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Brian McDonough was appointed as a member of the Steering Committee for the New England Chapter of the Professional Liability Underwriting Society (PLUS) |
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ZMC Attorneys Edit Bad Faith Treatise |
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The Defense Research Institute has published the Third Edition of its Bad Faith Compendium, a 50 state survey of bad faith law. Tony Zelle served as the Editor in Chief and Mark Cohen as a regional editor (New England, Canada). |
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Cohen Presents at DRI Insurance Coverage Symposium |
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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.
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ZMC Dominates Massachusetts Super Lawyers' Magazine Insurance Coverage Awards |
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Six Zelle McDonough & Cohen attorneys were named Super Lawyers or Rising Stars in Insurance Coverage for 2010, more than any other firm in Massachusetts. Super Lawyers selects the top 5% of attorneys in various practice areas and Rising Stars recognizes the top 2.5% of lawyers who have been practicing 10 years or less or are 40 years old or younger. Tony Zelle, Brian McDonough, Mark Cohen, Barbara O'Donnell and Catherine O'Donnell were all named Super Lawyers and Peter Barrett was named a Rising Star.
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$100 Million Settlement in Class Action |
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As lead counsel in a class action arising out of a massive Ponzi scheme, ZMC has obtained settlements exceeding $100 million and is continuing to pursue claims against other defendants who aided and abetted the embezzlement of $140 million from more than 300 plaintiffs. |
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O'Donnell Successfully Moved to Dismiss G.L.c.93A/176D Claims Against Insurer |
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Catherine O'Donnell recently obtained a dismissal of Plaintiff's claims that the insurer failed to effectuate a prompt and equitable settlement of a claim for which liability had become reasonably clear in violation of G.L. c. 93A and G.L. c.176D s. 3(9)(f).
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McDonough Obtains Summary Judgment on Advertising Injury Claims |
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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. |
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Cohen Speaks at Boston Bar Association Function |
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Mark Cohen was a panelist on "How to Pick a Mediator" at the Boston Bar Association on October 14, 2010.
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Zelle Appointed to Chair DRI Insurance Law Committee |
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The Defense Research Institute, the nation's largest association of defense attorneys, has appointed Tony Zelle to serve as the Chair of the Insurance Law Committee. One of DRI's largest committees, with nearly 3,000 members, the ILC presents conferences and authors publications addressing insurance matters of national importance. |
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Barrett Obtains Summary Judgment on Property Insurance Coverage and Bad Faith Claims |
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Peter Barrett obtained summary judgment from the United States District Court for the District of Massachusetts dismissing insurance coverage and bad faith claims in a case involving damages caused by the "Mothers Day" flood of the Merrimack River.
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O'Donnell Appointed Chair of FDCC Extra Contractual Litigation Section |
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Barbara O'Donnell was appointed to a two year term as Chair the Extra-Contractual Litigation Section of the Federation of Defense and Corporate Counsel in August 2010. |
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Cohen Article Published in Defense Research Institute Publication |
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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.
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Bucci Presents at National Bad Faith Forum |
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In December 2010 Diane Bucci presented on Discovery Issues in Bad Faith Litigation at the American Conference Institute's
National Advanced Forum on Bad Faith Litigation in Orlando. |
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O'Donnell Presents at FDCC 2010 Annual Meeting in Munich, Germany |
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Barbara O'Donnell spoke at the Federation of Defense and Corporate Counsel's July 2010 Annual Meeting on a panel discussing ways to counter unethical conduct in litigation. |
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Defense Verdict for ZMC Client in Arbitration |
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Mark Cohen and Donna Hess 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. |
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Young Article Published in Defense Research Institute's The Whisper |
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Suzanne Young's article, "Current Trends in Student Loan Borrower Litigation: Borrower Must Pay Loan Debt", was published in the June, 2010 edition of The Whisper, a publication of the Defense Research Institute's Young Lawyers Steering Committee |
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Pennsylvania Appellate Court Affirms Summary Judgment Ruling for ZMC Client |
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The Pennsylvania Superior Court affirmed a decision granting summary judgment to ZMC'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 coverage prevented any bad faith claim against it. R.J. Maselek handled the case at both the trial court and appellate levels. |
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Jury Verdict Against Merrill Lynch Leads to Bench Trial on Punitive Damages and Sanctions |
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ZMC obtained an $8.6 million compensatory damages verdict against Merrill Lynch in June 2009 based on the broker's aiding and abetting its customer in high risk option trading with escrow funds. This initial verdict will be followed this June by a trial on punitive damages and sanctions against Merrill Lynch and its law firm. |
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Zelle Presents at National Insurance Coverage Symposium |
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Tony Zelle spoke at the DRI's Insurance Coverage Practice Symposium in December 2009 about the effect of the global recession on the measurement of property damages claimed under property and liability policies. |
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Cohen Obtains Summary Judgment for Insurer in Multi-Million Dollar Lawsuit |
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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). |
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Cohen Presents at DRI 2009 Annual Meeting |
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Mark Cohen spoke at the Defense Research Institute's Annual Meeting about The Greening of America: New issues in Construction and Insurance Litigation. |
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Zelle Speaks at National Bad Faith Law Conference |
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Tony Zelle spoke at the 2010 National Advanced Forum on Bad Faith Litigation presented by the American Conference Institute on Avoiding Disputes Between Primary and Excess Insurers. |
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Cohen Article Published in DRI Covered Events |
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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. |
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O'Donnell Re-Appointed FDCC Extra-Contractual Litigation Vice-Chair |
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Barbara O'Donnell was appointed Vice Chair of the Extra Contractual Litigation Section of the Federation of Defense and Corporate Counsel for a second term. |
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McDonough Speaks About Bad Faith Issues at DRI Webinar |
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Brian McDonough co-presented a webcast for the Defense Research Institute on "Practical and Tactical Tools for Defending Extra-Contractual Claims." |
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McDonough Presents at National Bad Faith Conference |
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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. |
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McDonough Obtains Summary Judgment for Insurer in Bad Faith Case |
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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 an injured employee, and sought actual and punitive damages in excess of $750,000, plus attorney fees. |
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Cohen Appointed Chair of Professional Liability Insurance Coverage Group |
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Mark Cohen was appointed Chair of the Defense Research Institute's Professional Liability subcommittee of the Insurance Law Committee in February 2009. |
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ZMC Prevails on Insurance Coverage and Bad Faith Issues in First Circuit |
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In an opinion issued in December 2008, Mark Cohen represented National Union Fire Insurance Company in the successful appeal affirming a defense verdict obtained by Tony Zelle and Peter Barrett 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). |
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Defense Verdict for ZMC Attorneys |
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Mark Cohen, R.J. Maselek and Donna Hess 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. |
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More Highlights > |
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