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St. Paul Fire and Marine Ins. Co. v. Ellis & Ellis Mr. Zelle successfully tried this civil fraud case against a law firm whose principal was subsequently indicted and convicted for insurance fraud. After investigating a suspicious workers compensation claim and discovering that the defendant law firm was representing the same client under different names for the same injury against different insurers, Mr. Zelle brought suit against the law firm alleging fraud, violations of G.L. c. 93A and civil RICO claims. He obtained a prejudgment attachment of funds sufficient to recoup the insurance funds paid by St. Paul Fire and Marine. After the case was tried in federal court for three weeks the court directed a verdict for the defendants based on a misinterpretation of the evidentiary standard. The First Circuit Court of Appeals reversed the trial court and a full recovery of the defrauded funds was obtained from the pre-judgment attachment. Reported Decision: St. Paul Fire and Marine Ins. Co. v. Ellis & Ellis, 262 F.3d 53, 64 (1st Cir. 2001). Forest Insurance Company v. American Motorist Ins. Co. Mr. Zelle successfully tried this bad faith failure to settle case on behalf of a primary insurer sued by a captive excess carrier. The bad faith claim arose out of a multi-million dollar verdict in a truck rollover case against International Paper Company. American Motorists and its related claim handling company, National Loss Control Co., were sued by Forest Ins. Company. Forest was a captive insurer set up by the paper industry. Forest provided the excess liability coverage to International Paper Co. over a fronting policy and a first layer excess policy issued by American Motorists. The fronting policy entitled International Paper to control settlement. American Motorists' excess policy provided it with the right to settle, but did not impose a duty to settle claims in excess of the fronting policy. Although American Motorists requested International Paper to tender the limits of the fronting policy, International Paper refused. Mr. Zelle tried this case in the federal court for Southern District of New York and obtained a verdict in favor of American Motorists and National Loss Control. The court's decision remains one of the leading cases in New York defining the obligations owed by a primary insurer to and excess carrier. Roman Catholic Archdiocese of Boston v. Lumbermens Mutual Casualty Co. Mr. Zelle and Mr. McDonough led a team of lawyers who settled the bad faith and coverage claims brought against Lumbermens by the Archdiocese of Boston. The Archdiocese sought more than $200,000,000 in damages relating to the sexual abuse claims which spanned four decades. Massachusetts Lumber Co. v. Merrill Lynch Pierce Fenner & Smith Following a three week trial, a jury awarded Mr. Zelle's clients more than $8.6 million and also found the defendants liable for punitive damages based on their collusion in a scheme which used escrow funds to trade stock options. Modern Cont'l. Construction Co. v. Zurich Am. Ins. Co. and ACE Am. Ins. Co. Zelle McDonough & Cohen represents the builders risks insurers on property coverage and bad faith claims involving the "Big Dig," the nation's largest federally funded construction project. New England Metal Treating v. Charter Oak Fire Ins. Co. Mr. McDonough obtained summary judgment dismissal of action alleging that bad faith claims handling in connection with adjustment of fire losses forced insured out of business. Akamai Technologies, Inc. v. QBE Reinsurance Corp. Zelle McDonough & Cohen represents a reinsurer and its managing general agent in a dispute arising out of a health insurance excess of loss treaty. Baystate Medical Center v. TIG Ins. Co. Zelle McDonough & Cohen obtained summary judgment for the re-insurer which issued a workers compensation stop-loss treaty to Baystate Medical Center. Shantigar Foundation v. Bear Mountain Builders After a fire destroyed an antique barn restored by the Shantigar Foundation, Mr. Zelle tried this case against the responsible contractors and subsequently handled the appeal before the Supreme Judicial Court on an issue of first impression. Crestview Country Club, Inc. v. St. Paul Guardian Ins. Co. Mr. Zelle won summary judgment in this property coverage case that involved the construction of the "direct physical loss" requirement and a sublimit applicable to golf course grounds. R.W. Granger & Sons, Inc. v. United States Fidelity and Guaranty Co. Mr. Zelle argued the appeal in this surety bad faith case to the Massachusetts Supreme Judicial Court. Subaru of New England v. General Ship Corp. Contamination of thousands of new automobiles by sulfuric acid emissions from a power plant and paint overspray led to an insurance coverage dispute involving complex business interruption measurement issues and an equally complex subrogation claim. Stanley Works v. New England Security Co. Mr. Zelle obtained a jury verdict for Stanley Works in a negligent hiring, training and supervision case which he preserved on appeal before the Rhode Island Supreme Court. Ann & Hope, Inc. v. Taylor and Taylor Trucking Co. After prevailing at trial, Mr. Zelle won an appeal to the Rhode Island Supreme Court challenging the constitutionality of a "benefit of bailee" clause in the context of a property insurance transit policy. Employers Ins. of Wausau v. George Mr. Zelle successfully represented Wausau in the trial court and on appeal in this seminal environmental coverage case Lucia & Sons v. Fireman's Fund Ins. Co. Mr. Zelle obtained a favorable settlement for this property insurer sued for breach of contract and bad faith. Industrial Risk Insurers v. Hartford Steam Boiler Ins. Co. A catastrophic failure of a graphite condensation tank led to this dispute involving the all-risk property coverage and the boiler and machine coverage, which Mr. Zelle handled through arbitration. Mass. Electric Co. v. AIG Following a twelve million dollar jury award, Mr. Zelle negotiated a resolution involving the primary and excess liability insurers and successfully defended the primary carrier and its counsel in the ensuing claim by the excess insurer based on legal malpractice and the insurer's negligent claim handling conduct. St. Paul Fire and Marine Ins. Co. v. Darlak Motor Inns, Inc. Mr. Zelle won summary judgment in this property coverage case and prevailed on the appeal presented to the Third Circuit Court of Appeals. Corrine Lucia, et al. v. St. Paul Fire & Marine Ins. Co. Mr. Zelle won summary judgment in this bad faith case and prevailed on the appeal presented to the First Circuit Court of Appeals. Victor Calloway v. St. Paul Fire & Marine Ins. Co. Mr. Zelle won summary judgment in this property coverage case and prevailed on the appeals presented to the Massachusetts Appellate Division and Appeals Court. |
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