Insurance - Hermes, Netburn, O’Connor & Spearing https://www.hermesnetburn.com/tag/insurance/ Mon, 07 Nov 2022 21:06:02 +0000 en-US hourly 1 https://wordpress.org/?v=6.1.1 Hermes Netburn Named to Annual Best Law Firms List https://www.hermesnetburn.com/hermes-netburn-named-to-annual-best-law-firms-list/ https://www.hermesnetburn.com/hermes-netburn-named-to-annual-best-law-firms-list/#respond Mon, 07 Nov 2022 20:42:46 +0000 https://www.hermesnetburn.com/?p=1165 Hermes, Netburn, O’Connor & Spearing is pleased to be named to the annual U.S. News- Best Lawyers “Best Law Firms” rankings again this year. Best Lawyers analyzed almost 124,000 client responses, 12.2

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Hermes, Netburn, O’Connor & Spearing is pleased to be named to the annual U.S. News- Best Lawyers “Best Law Firms” rankings again this year. Best Lawyers analyzed almost 124,000 client responses, 12.2 million evaluations of more than 115,000 lawyers from more than 22,000 firms and conducted hundreds of interviews with law firm leaders. This process resulted in 2,071 firms earning a national recognition, and 15,825 firms earning a metropolitan recognition. Of those, only 571 firms earned a national Tier 1 recognition.

Named for many consecutive years, the firm is featured across multiple tiers:

  • National Tier 1: Mass Tort Litigation/Class Actions- Defense
  • Regional Tier 1 in Boston:
    • Insurance Law
    • Mass Tort Litigation/Class Actions-Defendants
    • Personal Injury Litigation- Defendants
    • Product Liability Litigation- Defendants
  • Regional Tier 2 in Boston: Litigation- Insurance

The 2023 edition of U.S. News – Best Lawyers® “Best Law Firms” recognizes the most elite firms across the nation, identified for their professional excellence with consistently positive feedback from clients and peers. To become eligible for a “Best Law Firms” ranking, at least one lawyer at the firm must be recognized in the latest edition of The Best Lawyers in America®, an exclusive award presented to only the top 5% of lawyers in the United States.

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Hermes, Netburn, O’Connor & Spearing, P.C. Obtains Validation of Provision in Massachusetts Commercial Leases https://www.hermesnetburn.com/hermes-netburn-oconnor-spearing-p-c-obtains-validation-of-provision-in-massachusetts-commercial-leases/ https://www.hermesnetburn.com/hermes-netburn-oconnor-spearing-p-c-obtains-validation-of-provision-in-massachusetts-commercial-leases/#respond Sun, 30 Jun 2019 21:49:00 +0000 https://www.hermesnetburn.com/?p=931 Hermes, Netburn, O’Connor & Spearing, P.C. represented a major owner of commercial properties in Massachusetts against a claim by a tenant and the tenant’s insurer that a commercial lease provision requiring the

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Hermes, Netburn, O’Connor & Spearing, P.C. represented a major owner of commercial properties in Massachusetts against a claim by a tenant and the tenant’s insurer that a commercial lease provision requiring the tenant to provide insurance naming the owner as an insured was void and unenforceable under Massachusetts law. Before retaining our firm, the owner had experienced an adverse decision in the Superior Court. We took the case on appeal to the Massachusetts Supreme Judicial Court. The decision of the Superior Court, if upheld, could have impacted provisions customarily contained in thousands of commercial leases. However, the Supreme Judicial Court reversed the judgment of the Superior Court, determining that the lease provision permitting an owner to require tenants to provide it with liability insurance was valid and enforceable.

After the appeal, the tenant and its insurer continued to maintain that the provision was unenforceable based upon the facts of the case. The owner prevailed on a Motion for Summary Judgment in the Superior Court and the firm continued its representation when this decision was appealed to the Massachusetts Appeals Court. This time, the ruling of the Superior Court was affirmed.

As a result of the work done by the lawyers of Hermes, Netburn, O’Connor & Spearing, P.C., commercial leases in Massachusetts may continue to contain a customary provision requiring tenants to provide liability insurance for the benefit of the owners for claims arising out of the tenant’s use of the lease premises.

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Hermes Netburn Attorneys, Michael S. Batson and Kevin J. O’Connor Attain Favorable Summary Judgment Ruling on Behalf of Insurer Clients RE: Insurers’ Right to Control Defense https://www.hermesnetburn.com/wp-content/uploads/2021/05/MSB-MSJ-Decision-Right-to-Control.pdf#new_tab https://www.hermesnetburn.com/wp-content/uploads/2021/05/MSB-MSJ-Decision-Right-to-Control.pdf#new_tab#respond Sat, 27 Oct 2018 18:29:00 +0000 https://www.hermesnetburn.com/?p=773 The post Hermes Netburn Attorneys, Michael S. Batson and Kevin J. O’Connor Attain Favorable Summary Judgment Ruling on Behalf of Insurer Clients RE: Insurers’ Right to Control Defense appeared first on Hermes, Netburn, O’Connor & Spearing.

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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) https://www.hermesnetburn.com/pacific-employers-ins-co-v-travelers-cas-2012-wl-3202934-d-conn-aug-3-2012-136-f-supp-3d-211-d-conn-2015-2016-wl-3753049-d-conn-ju/ https://www.hermesnetburn.com/pacific-employers-ins-co-v-travelers-cas-2012-wl-3202934-d-conn-aug-3-2012-136-f-supp-3d-211-d-conn-2015-2016-wl-3753049-d-conn-ju/#respond Sat, 30 Jun 2018 19:48:00 +0000 https://www.hermesnetburn.com/?p=880 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

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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.

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“Recent Developments in Excess Insurance and Reinsurance” (ABA – TIPS) Law Journal | Winter 2017 – Vol 52, Issue 2 https://www.hermesnetburn.com/wp-content/uploads/2021/05/ESLR-2017-Journal-Survey-ECS.pdf#new_tab https://www.hermesnetburn.com/wp-content/uploads/2021/05/ESLR-2017-Journal-Survey-ECS.pdf#new_tab#respond Sun, 07 Jan 2018 19:57:00 +0000 https://www.hermesnetburn.com/?p=782 The post “Recent Developments in Excess Insurance and Reinsurance” (ABA – TIPS) Law Journal | Winter 2017 – Vol 52, Issue 2 appeared first on Hermes, Netburn, O’Connor & Spearing.

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OneBeacon America Insurance Co. v. Celanese Corp., 92 Mass. App. Ct. 382 (2017) https://www.hermesnetburn.com/onebeacon-america-insurance-co-v-celanese-corp-92-mass-app-ct-382-2017/ https://www.hermesnetburn.com/onebeacon-america-insurance-co-v-celanese-corp-92-mass-app-ct-382-2017/#respond Fri, 30 Jun 2017 20:00:00 +0000 https://www.hermesnetburn.com/?p=884 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

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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.

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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) https://www.hermesnetburn.com/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/ https://www.hermesnetburn.com/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/#respond Tue, 30 May 2017 20:05:00 +0000 https://www.hermesnetburn.com/?p=888 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.

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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.

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Morgan v. Massachusetts Homeland Insurance Company, 91 Mass. App. Ct. 1 (2017) https://www.hermesnetburn.com/morgan-v-massachusetts-homeland-insurance-company-91-mass-app-ct-1-2017/ https://www.hermesnetburn.com/morgan-v-massachusetts-homeland-insurance-company-91-mass-app-ct-1-2017/#respond Sun, 30 Apr 2017 20:08:00 +0000 https://www.hermesnetburn.com/?p=890 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

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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.

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Hermes Netburn Attorneys, Michael S. Batson and Michael C. Kinton, Successfully Defend Chapter 93A Claim Brought Against Insurer Client https://www.hermesnetburn.com/wp-content/uploads/2021/05/Morgan-Finding-of-Fact-Rulings-of-Law-and-Memo-of-Decision.pdf#new_tab https://www.hermesnetburn.com/wp-content/uploads/2021/05/Morgan-Finding-of-Fact-Rulings-of-Law-and-Memo-of-Decision.pdf#new_tab#respond Tue, 14 Jul 2015 15:42:00 +0000 https://www.hermesnetburn.com/?p=707 The post Hermes Netburn Attorneys, Michael S. Batson and Michael C. Kinton, Successfully Defend Chapter 93A Claim Brought Against Insurer Client appeared first on Hermes, Netburn, O’Connor & Spearing.

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Hermes, Netburn, O’Connor & Spearing, P.C. Swiftly Helps Client Avoid Significant Business Complications caused by its Reinsurer https://www.hermesnetburn.com/hermes-netburn-oconnor-spearing-p-c-swiftly-helps-client-avoid-significant-business-complications-caused-by-its-reinsurer/ https://www.hermesnetburn.com/hermes-netburn-oconnor-spearing-p-c-swiftly-helps-client-avoid-significant-business-complications-caused-by-its-reinsurer/#respond Sun, 30 Jun 2013 22:02:00 +0000 https://www.hermesnetburn.com/?p=943 Boston, MA Hermes, Netburn, O’Connor & Spearing, P.C. represented a major international corporation which self-insured its workers’ compensation coverage with a fronting insurer. The fronting insurer attempted to obtain substantially increased letters

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Boston, MA

Hermes, Netburn, O’Connor & Spearing, P.C. represented a major international corporation which self-insured its workers’ compensation coverage with a fronting insurer. The fronting insurer attempted to obtain substantially increased letters of credit and to draw down on existing letters of credit. The insurer was suspected using the letters of credit as general corporate assets rather than as restricted funds available solely for the payment of claims under the client’s self-funded policies of insurance.

Within two days, our lawyers commenced an action in a Federal District Court and obtained a temporary restraining order barring the insurer from drawing on the letters of credit. This temporary restraining order became a preliminary injunction. The preliminary injunction remained in effect while we successfully assisted our corporate client in placing the fronting insurance with another carrier, and in obtaining a return of both the existing letters of credit and a refund of premium previously paid to the insurer by the client. This swift action prevented potentially significant business complications which could have been caused by the posting of additional letters of credit.

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