Reported Decisions - Hermes, Netburn, O’Connor & Spearing

Laramie v. Philip Morris USA Inc., 488 Mass. 399 (2021)

Hermes Netburn — Mon, 29 Nov 2021 20:45:37 +0000

The Massachusetts Supreme Judicial Court considered whether the Massachusetts Attorney General’s settlement precluded recovery of punitive damages under the wrongful death statute for claims brought decades later.

The post Laramie v. Philip Morris USA Inc., 488 Mass. 399 (2021) appeared first on Hermes, Netburn, O’Connor & Spearing.

Capitol Specialty Ins. Corp. v. Higgins, 953 F.3d 95 (1st Cir. 2020)

Hermes Netburn — Sun, 29 Nov 2020 20:43:00 +0000

The United States Court of Appeals for the First Circuit rejected using a stipulated consent judgment from an underlying tort case as the basis for a bad faith damages award against the tortfeasor’s liability insurer.

The post Capitol Specialty Ins. Corp. v. Higgins, 953 F.3d 95 (1st Cir. 2020) appeared first on Hermes, Netburn, O’Connor & Spearing.

New York State Elec. & Gas Corp. v. Century Indem. Co., No. 5:13-CV-976, 2017 WL 11454848 (N.D.N.Y. March 31, 2017), aff’d 767 Fed. Appx. 188 (2d Cir. 2019), pet. for reh’g and reh’g en banc denied, No. 18-1012 (2d Cir. May 20, 2019)

Hermes Netburn — Mon, 20 May 2019 19:44:00 +0000

Environmental liability insurance coverage litigation. Insured public utility sought to recover defense, investigation and remediation costs incurred as a result of historical manufactured gas plant operations. The parties engaged in extensive motion practice on issues of late notice, statute of limitations and trigger of coverage. The U.S. District Court for the Northern District of New York dismissed the Plaintiff’s claims against the insurers and the dismissal was affirmed by the U.S. Court of Appeals for the First Circuit.

The post New York State Elec. & Gas Corp. v. Century Indem. Co., No. 5:13-CV-976, 2017 WL 11454848 (N.D.N.Y. March 31, 2017), aff’d 767 Fed. Appx. 188 (2d Cir. 2019), pet. for reh’g and reh’g en banc denied, No. 18-1012 (2d Cir. May 20, 2019) appeared first on Hermes, Netburn, O’Connor & Spearing.

Pacific Employers Ins. Co. v. Travelers Cas. & Sur. Co., 888 F. Supp. 2d 271 (D. Conn. 2012); 2012 WL 3202934 (D. Conn. Aug. 3, 2012); 136 F. Supp. 3d 211 (D. Conn. 2015); 2016 WL 3753049 (D. Conn. July 11, 2016); 729 F. App’x 129 (2nd Cir. 2018)

Hermes Netburn — Sat, 30 Jun 2018 19:48:00 +0000

Liability insurance coverage litigation involving negligent supervision claims against insured resulting from the sexual abuse of minors. Extensive motion practice concerning the applicability of professional and general liability coverage, including defense and indemnification obligations, the exhaustion of coverage and the allocation of costs and expenses among coverages and policies. District Court dismissal affirmed on appeal.

The post Pacific Employers Ins. Co. v. Travelers Cas. & Sur. Co., 888 F. Supp. 2d 271 (D. Conn. 2012); 2012 WL 3202934 (D. Conn. Aug. 3, 2012); 136 F. Supp. 3d 211 (D. Conn. 2015); 2016 WL 3753049 (D. Conn. July 11, 2016); 729 F. App’x 129 (2nd Cir. 2018) appeared first on Hermes, Netburn, O’Connor & Spearing.

OneBeacon America Insurance Co. v. Celanese Corp., 92 Mass. App. Ct. 382 (2017)

Hermes Netburn — Fri, 30 Jun 2017 20:00:00 +0000

Insurance coverage litigation involving insurer’s right to control the defense and hire defense counsel of its choice when it offered to defend the insured without reservation of rights. Legal issues included duty to defend and conflicts of interest that may allow the insured to retain control of the defense.

The post OneBeacon America Insurance Co. v. Celanese Corp., 92 Mass. App. Ct. 382 (2017) appeared first on Hermes, Netburn, O’Connor & Spearing.

OneBeacon Am. Ins. Co. v. Narragansett Elec. Co., 87 Mass. App. Ct. 417 (2015); 473 Mass. 1108 (2015); 90 Mass. App. Ct. 123 (2016); 476 Mass. 111 (2017)

Hermes Netburn — Tue, 30 May 2017 20:05:00 +0000

Insurance coverage litigation involving manufactured gas plant contamination of Massachusetts and Rhode Island sites by public utility. Legal issues included choice of law, duty to defend, statute of limitations and pollution exclusion.

The post OneBeacon Am. Ins. Co. v. Narragansett Elec. Co., 87 Mass. App. Ct. 417 (2015); 473 Mass. 1108 (2015); 90 Mass. App. Ct. 123 (2016); 476 Mass. 111 (2017) appeared first on Hermes, Netburn, O’Connor & Spearing.

Morgan v. Massachusetts Homeland Insurance Company, 91 Mass. App. Ct. 1 (2017)

Hermes Netburn — Sun, 30 Apr 2017 20:08:00 +0000

Insured car owner, on behalf of himself and a purported class, brought action against insurer client alleging unfair and deceptive settlement practices in violation of Chapters 93A and 176D. The Superior Court denied plaintiff’s Motion for Class Certification and dismissed the class claims prior to trial. After a jury-waived trial on the insured’s individual claim, the Trial Judge found there had been a violation of Chapter 93A, but entered judgment for the insurer on the grounds that the violation did not harm the insured. The Appeals Court affirmed the denial of the Motion for Class Certification, determined the Trial Judge erred in finding there had been a violation of Chapter 93A and affirmed the judgment for the insurer.

The post Morgan v. Massachusetts Homeland Insurance Company, 91 Mass. App. Ct. 1 (2017) appeared first on Hermes, Netburn, O’Connor & Spearing.

Giant of Maryland, LLC v. Taylor, 109 A.3d 142, 2015 WL 417186 (2015)

Hermes Netburn — Tue, 30 Jun 2015 20:13:00 +0000

Appeal concerning surety’s obligation under supersedeas bond, in the Maryland Court of Special Appeals. The Court held that the bond covering a statutory award of attorneys’ fees could not be enforced where the underlying judgment on the merits had previously been reversed, thus leaving no statutory basis for fees award.

The post Giant of Maryland, LLC v. Taylor, 109 A.3d 142, 2015 WL 417186 (2015) appeared first on Hermes, Netburn, O’Connor & Spearing.

Nat’l Football League v. Fireman’s Fund Ins. Co., 157 Cal.Rptr.3d 318 (2013)

Hermes Netburn — Sun, 30 Jun 2013 20:20:00 +0000

Insured sought indemnity and defense declaration with respect to insurance coverage for underlying concussion-related bodily injury claims. The Superior Court stayed the California declaratory judgment action in favor of pending New York litigation on the grounds that New York was the center of the parties’ dispute and California was an inconvenient forum. The Court of Appeals affirmed, holding that the trial court acted well within its discretion in staying the case.

The post Nat’l Football League v. Fireman’s Fund Ins. Co., 157 Cal.Rptr.3d 318 (2013) appeared first on Hermes, Netburn, O’Connor & Spearing.

Scholz Design, Inc. v. Sard Custom Homes, LLC, 2012 WL 3329725 (2d Cir. 2012)

Hermes Netburn — Sat, 30 Jun 2012 20:47:00 +0000

United States Court of Appeals for the Second Circuit reversed District Court decision dismissing copyright case brought by home designer, ruling that front elevation drawings were “pictorial, graphic or sculptural work” entitled to copyright protection even though they were not sufficiently detailed to permit construction of the home.

The post Scholz Design, Inc. v. Sard Custom Homes, LLC, 2012 WL 3329725 (2d Cir. 2012) appeared first on Hermes, Netburn, O’Connor & Spearing.