home > professionals > Robert J. Maselek, Jr.
Robert J. Maselek, Jr.
rmaselek@zelmcd.com

Direct: (617) 742-6520 ext. 246

Mr. Maselek concentrates his practice in the areas of civil litigation and insurance coverage.  Mr. Maselek is an exceptional trial lawyer with a track record of success in the courtroom.  He focuses primarily on insurance coverage and employment litigation, and has considerable experience in the areas of employment law and professional liability.  Mr. Maselek is also an accomplished appellate court attorney.  Mr. Maselek counsels major insurers on insurance coverage and insurance bad faith issues.

He attended the University of Massachusetts at Boston and graduated with a Bachelor of Arts in History in 1988. He subsequently received his law degree, magna cum laude, from the Suffolk University School of Law in 1993. While in law school, he received two American Jurisprudence Awards in Torts and Constitutional Law, and the Law Faculty Outstanding Student Award - Evening Division. He also served as a staff member and later Notes Editor of the Suffolk University Law Review.

Mr. Maselek is admitted to practice in the Commonwealth of Massachusetts and the United States District Court for the District of Massachusetts.


Professional and Trade Associations:

Mr. Maselek is a member of the Massachusetts Bar Association and the Defense Research Institute.


Experience:

September 2008 - 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 before the American Arbitration Association. At issue was whether coverage was provided under an Employment Practices Liability Insurance policy and whether the insurer was estopped from raising coverage defenses.

September 2007 - Mark Cohen and R.J. Maselek obtained a defense verdict for Lexington Insurance Company in Glassalum v. Lexington Insurance Company, a case arbitrated before the American Arbitration Association. At issue was whether a "Claim," as defined by an Architects & Engineers professional liability policy, had been made against the insured, Glassalum, by a project owner, and the applicability of an insured versus insured exclusion in the policy. The case arose out of alleged defects in the curtain wall of a large office building constructed in New Jersey. The insured had sought approximately $8 million in damages.

May 2006 - Mark Cohen and R.J. Maselek secured summary judgment for Travelers Casualty & Surety Company of America in Armbrest Int'l, Ltd. v. Travelers Cas. & Sur. Co. of Am., 2006 WL 1207659 (May 1, 2006 D.R.I.), a case filed in United States District Court for the District of Rhode Island. This case involved the trigger of coverage of a first party fidelity policy issued by Travelers. An employee of the insured embezzled money over a period of time. The amount embezzled during the Travelers policy period was less than the retention amount. The insured argued that coverage was triggered when it discovered the loss (which was during the Travelers policy period), rather than when the embezzlement occurred (as Travelers argued). The court agreed with Travelers' position.

March 2006 - Mark Cohen and R.J. Maselek obtained summary judgment for Lexington Insurance Company in LA Weight Loss Centers v. Lexington Insurance Company, 2006 WL 689109 (Phila. Common Pleas March 1, 2006), a case filed in the Court of Common Pleas of Philadelphia County, Pennsylvania. The court's decision found that Lexington did not have a duty to defend or indemnify LA Weight Loss under an Employment Practices Liability Insurance policy, because the "Claim" was made before the inception of the Lexington coverage. The Court ruled that the Claim was first made when the EEOC notified the insured it was seeking class certification of an action alleging that the insured discriminated against males in hiring. The insured had argued that the Claim was made when the EEOC's class action lawsuit was filed, which was during the Lexington policy period.


Anthony R. Zelle
Brian P. McDonough
Mark E. Cohen
Robert J. Maselek, Jr.
Suzanne Whitehead
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