Brian P. McDonough

Brian McDonough advises and represents insurance companies, businesses, financial institutions, and individuals involved in complex civil disputes.

In his role as insurance counsel, Mr. McDonough provides coverage advice to carriers on an array of first and third-party policies, and serves as trial counsel in coverage-related litigation. As coverage counsel, among others, he renders analysis and opinion on directors and officers, employment practices, errors and omissions, professional liability, general liability, property, Medicare/Medicaid billing errors and omissions, and loss mitigation policies.

Beyond construction and interpretation of policy terms and conditions, his advice extends to all aspects of risk management and the claims handling process (e.g., implied obligations, allocation issues, and "other insurance"/excess insurance disputes). Mr. McDonough routinely monitors and oversees strategy and execution of covered claim defense by outside counsel, including settlement negotiations, mediation, and trial and appeal.

As insurer trial counsel, Mr. McDonough represents carrier interests through the initiation and/or defense of declaratory actions, seeking adjudication of contractual rights and obligations between and among insurers and insureds. He also defends insurers against claims of extra-contractual bad faith. Recently, Mr. McDonough has represented insurers in coverage and bad faith claims arising out of two notorious issues in Boston: the Archdiocese of Boston's clergy sex abuse scandal, and the "Big Dig" public works tunnel construction projects.

In his capacity as a business litigator, Mr. McDonough has represented entities and individuals in the prosecution and defense of contract-based and business tort claims (e.g., fraud, interference, and unfair or deceptive business acts or practices). He also has experience with claims emanating from the employer/employee relationship. Among others, he has represented banks and financial institutions, commercial landlords, real estate brokers, financial advisors, and manufacturers.

Upon graduation from the Boston University School of Law, Mr. McDonough served as law clerk to the Justices of the Massachusetts Superior Court.

bmcdonough@zelmcd.com