Whitehead Quoted in Law360 for Opinion about Significant NY Court of Appeals Ruling Curtailing Contractors' Additional Insured Coverage
Suzanne Whitehead was quoted for her opinion in a Law360 article regarding the NY Court of Appeals’ significant decision limiting the additional insured endorsement to provide coverage only when the injury is proximately caused by the named insured’s conduct. Link to article
ZMC Attorneys Named to Super Lawyers List for Insurance Coverage
Mark Cohen and Brian McDonough have been named to the New England Super Lawyers list for Insurance Coverage. The Super Lawyers list recognizes no more than 5% of the lawyers in any state.
Zelle, O’Donnell and Whitehead Co-Edit 50-State Bad Faith Survey
Tony Zelle, Barbara O’Donnell and Suzanne Whitehead were co-editors in chief of the recently published edition of DRI’s Bad Faith Compendium. ZMC attorneys Brian McDonough, Mark Cohen, Donna Hess and R.J. Maselek authored state chapters in the New England region, and Cohen served as editor for that region. This is the fourth edition of this outstanding resource.
Cohen Article About Arbitration Provisions in Professional Liability Policies Published
Mark Cohen's article, Enforcing Arbitration Provisions in Professional Liability Policies, was published in the September 2015 edition of Covered Events, an electronic newsletter of the Defense Research Institute’s Insurance Law Committee.
Zelle Presents Cyber Liability: Cutting Edge Legal Advice to Give Your Clients at the International Association of Defense Counsel’s Annual Meeting
Tony Zelle presented "Cyber Liability: Cutting Edge Legal Advice to Give Your Clients" at the International Association of Defense Counsel’s Annual Meeting in Boulder, Colorado on July 8th
Zelle Spoke at DRI's Bad Faith and Extra-Contractual Liability Conference
Tony Zelle spoke at the DRI's Bad Faith and Extra-Contractual Liability Conference in Chicago on June 19th on the topic of what it takes to successfully try a bad faith case.
Cohen Article on Taking the Temperature of the Courts: When Do Claims Made Against Health Care Facilities and Workers Involve
Mark Cohen's article, Taking the Temperature of the Courts: When Do Claims Made Against Health Care Facilities and Workers Involve "Professional Services"?, was published in the February 2015 edition of Covered Events, the Insurance Law Committee of the Defense Research Institute's electronic newsletter.
Zelle Wins Jury Verdict in Rescission Case
Tony Zelle won a jury verdict in a rescission case tried in the United States District Court which preserved the proceeds of a liability policy for his client seeking to recover those proceeds in a subrogation action.
Cohen Article on Professional Liability Insurance Coverage Published
Mark Cohen's article, The Ten Most Significant Professional Liability Coverage Decisions of 2014, was published in the October 2014 edition of "Covered Events," the electronic newsletter of the Insurance Law Committee of the Defense Research Institute. Mark's "Leadership Notes" also appeared in the same edition.
ZMC Attorneys Again Named to New England Super Lawyers List for Insurance Coverage 2015
For the fifth year in a row, no other law firm in the region had more attorneys named in the New England Super Lawyers List for Insurance Coverage than ZMC. Super Lawyers are recognized as being in the top five percent of their practice area, as ranked by their peers. Mark Cohen, Brian McDonough, Barbara O'Donnell and Tony Zelle were all honored by this publication. In addition, Diane Bucci was named to the New York Metro Area Super Lawyers List for Insurance Coverage.
Cohen presented at PLRB Regional Adjusters Conference
Mark Cohen spoke on "Professional Services Liability: Analyzing Claims" at the Property and Liability Resource Bureau's Regional Adjusters Conferences in Bellevue, WA in June 2014, Minneapolis, MN in August 2014 and will present in Providence, RI in November 2014.
Whitehead to Serve as Vice Chair of DRI's Young Lawyers Publications Subcommittee
Suzanne Whitehead has been selected to serve as Vice Chair of the Defense Research Institute's Young Lawyers Publications Subcommittee
Zelle Moderated DRI Panel on Leveraging Mutual Interests of Policyholders and Insureds
Tony Zelle moderated a panel discussion entitled “Leveraging the Mutual Interests of Policyholders and Insurers” at the DRI Business Litigation Conference in Washington D.C in May 2014.
ZMC Attorneys Author Chapter in Personal and Advertising Injury Compendium
Rina Carmel, R.J. Maselek, Diane Bucci and Suzanne Whitehead authored a chapter on coverage for Cybertorts in DRI's Personal and Advertising Injury Compendium, a comprehensive resource on claims under Coverage B. The chapter discusses this emerging issue, which will continue to pose issues in the electronic age.
Zelle and O'Donnell elected to American College of Coverage and Extracontractual Counsel
Tony Zelle and Barbara O'Donnell were elected to the American College of Coverage and Extracontractual Counsel, an organization composed of preeminent coverage and extracontractual counsel in the United States and Canada, representing the interests of both insurers and policy holders
ZMC Attorneys Listed as New England Super Lawyers for Insurance Coverage 2013
For the fourth year in a row, no other law firm in the region had more attorneys recognized on the New England Super Lawyers List for Insurance Coverage than ZMC. Super Lawyers are recognized as being in the top five percent of their practice area, as ranked by their peers. Mark Cohen, Brian McDonough, Barbara O'Donnell and Tony Zelle were among those honored by this publication
ZMC Client Wins EPLI Insurance Coverage Arbitration
An arbitration panel has unanimously found in favor of ZMC's client in an insurance coverage arbitration; Mark Cohen represented the insurer. The issue was whether there was coverage under an Employment Practices Liability policy for three underlying wage and hour class actions filed in California state courts.
Cohen spoke on Hot issues in Claims Made and Reported Policies
Mark Cohen spoke on "Hot issues in Claims Made and Reported Policies" at DRI's Insurance Coverage and Claims Institute in Chicago (April, 2014).
Cohen, Carmel and Whitehead Published in the ABA's Coverage Magazine
Mark Cohen, Rina Carmel and Suzanne Whitehead authored "Insurance 101: Evaluating Whether the Insured Was Performing "Professional Services" .
Zelle, Whitehead and Carmel Published in DRI's Reservation of Rights Compendium
Tony Zelle and Suzanne Whitehead authored the chapter on Massachusetts law governing RORs, in DRI's new survey on the law of writing RORs in all 50 states and Canada. Rina Carmel, as the Insurance Law Committee's Publications Chair, oversaw and guided publication of this compendium.
ZMC obtains summary judgment for an insurer defeating policyholder's coverage and bad faith claims
In Barletta Heavy Div., Inc. v. Travelers, the Massachusetts federal district court rejected the policyholder's claim that an insurer's duty to defend requires the insurer to pay for offensive suits undertaken voluntarily by the insured, even where a successful outcome in that suit would limit the insurer's coverage liability.
Zelle elected as a National Director of the Defense Research Institute
Tony Zelle was elected as a National Director of the Defense Research Institute. He will serve a 3 year term and has been assigned as the board liaison to the Products Liability Committee.
Whitehead Presents Panel at ABA Women In Insurance Network On Cyber Insurance Issues
Suzanne Whitehead presented as part of a panel at the ABA Women In Insurance Network in Chicago (October 2013) on Top 10 Ways the Virtual World Rocks the Real World: Insurance Issues Arising Out of Cyber Insurance and Privacy Insurance.
Cohen, Carmel and Whitehead Author Article on Recent Cases Construing Professional Services Definition
Mark Cohen, Rina Carmel and Suzanne Whitehead's article, Fine-Tuning What Constitutes a Professional Service under Liability Policies, was recently published in the DRI Insurance Law Committee's monthly newsletter, Covered Events. The article discusses what constitutes a "professional service" and offers insight into how recent cases may impact professional liability claims facing insurers
Whitehead selected for DRI Young Lawyers Steering Committee for 2013-2014
Suzanne Whitehead was selected for the DRI Young Lawyers Steering Committee for 2013-2014. She will serve as the Public Service Subcommittee Chair.
Whitehead's article published in DRI Newsletter
Suzanne Young Whitehead's article, "Thirteen Ways to Take Initiative in 2013," was published in the March 1, 2013 edition of "The Whisper," the newsletter of the Young Lawyers Committee of the Defense Research Institute (DRI).
Zelle Presents on Cyber-Liability Coverage and Claims at PLRB Conference
Tony Zelle presented a program on cyber-liability coverage and claims at the Property and Liability Insurance Board conference, March 10-13, 2013, with Suzanne Beck of Acadia Insurance Company. PLRB.org
Cohen Article About Professional Liability Coverage Published
Mark Cohen's article, Key Aspects of Professional Liability Coverage Issues - An Excerpt From Professional Liability Insurance Coverage: A Compendium of State Law, was published in the December 2012 issue of Covered Events, a publication of the Defense Research Institute's Insurance Law Committee.
Zelle spoke DRI Bad Faith and Extra-contractual Claims Symposium
Tony Zelle presented at the DRI Bad Faith and Extra-contractual Claims Symposium (June 6-7 in Boston) with Anne Kevlin of The Beazley Group
W.R. Berkley Retains ZMC as Coverage Litigation Counsel for Massachusetts
W.R. Berkley Retains ZMC as Coverage Litigation Counsel for Massachusetts
Cohen and Carmel Speak at Professional Liability Insurance Coverage Webinar
Mark Cohen and Rina Carmel spoke on "Professional Liability 101: Insurance Coverage", a webinar presented by the Defense Research Institute's Professional Liability Committee on February 5, 2013.
Zelle Appointed to DRI's Center for Law and Public Policy's Public Education Committee.
Tony Zelle was appointed to the DRI's Center for Law and Public Policy's Public Education Committee.
Zelle McDonough & Cohen Opens Los Angeles Office and Welcomes Rina Carmel as a Partner
ZMC welcomes Rina Carmel as a partner resident in our new Los Angeles office. Rina has nearly 15 years of experience as coverage counsel and is active in several industry related professional organizations. We invite you to review Rina's professional biography at her page on this website.
Praise for the Professional Liability Insurance Coverage Compendium
"If you are involved in any way with professional liability insurance coverage, you need to have a copy of DRI's new ...compendium of professional liability coverage issues on your desk. It's just that simple. ...Editor-in Chief Mark Cohen starts things off with a very thorough introduction. It is an excellent overview of professional liability coverage. ... As for the breadth of the coverage issues addressed, and their relevance to the day-to-day situations that those handling professional liability claims encounter, the Compendium nails it." Randy Maniloff, Coverage Opinions, December 19, 2012.
Cohen Presents on Professional Liability Coverage Issues
Mark Cohen moderated a panel discussion on "Hot Issues in Professional Liability Coverage: Lessons from the DRI Compendium," at DRI's Insurance Coverage and Practice Symposium in New York City on December 7, 2012.
Professional Liability Insurance Coverage Compendium Published by DRI
For all United States jurisdictions and Canada (except Quebec), "Professional Liability Insurance Coverage: A Compendium of State Law" summarizes significant law concerning professional liability insurance and claims-made coverage issues. This two volume publication includes approximately 1,750 cases. Mark Cohen was Editor in Chief, a state author (Massachusetts, Guam and the Virgin Islands) and a Regional Editor (New England and Canada). Suzanne Whitehead was the Associate Editor in Chief and Rhode Island state author. Diane Bucci (Connecticut) and Aliya Page (New Hampshire and Vermont) were also state authors. You can order the Compendium at http://dri.org/Store/Product?productCode=2012-06CD.
ZMC Again Tops New England's Insurance Coverage Super Lawyers List in 2012
For the third year in a row, ZMC had more attorneys recognized on the New England Super Lawyers List for Insurance Coverage than any other law firm in the region. Super Lawyers are recognized as being in the top five percent of their practice area, as ranked by their peers. Peter Barrett, Mark Cohen, Brian McDonough, Barbara O'Donnell and Tony Zelle were all honored by this publication
ZMC obtains Summary Judgment Dismissal of Age Discrimination Claim
The Chief Magistrate Judge for the United States District Court for the District of Massachusetts granted Brian McDonough's motion for summary judgment dismissal of an age discrimination claim lodged against his client, a national designer and manufacturer of detention facility products. Zavalianos v. Southern Folger Detention Equipment Co., LLC, 2012 WL 4023624 (D.Mass. Sept. 11, 2012)
ZMC Clients Obtain $4.5 Million Jury Verdict for Fraudulent Transfer and Corporate Disregard
A Federal jury returned a verdict in favor of ZMC clients for $4.5 million dollars in a reach and apply action based on fraudulent transfer and corporate disregard. The award will partially satisfy a substantial judgment obtained earlier in the Massachusetts Courts.
ZMC Client Awarded $300,000 for Successfully Defending Coverage Case
The United States District Court for the Virgin Islands awarded ZMC's client, Lexington Insurance Company, $300,000 in attorneys' fees and costs for successfully defending against an insurance coverage lawsuit. Lexington was granted summary judgment by the court in 2009 and in 2011 the Third Circuit affirmed. The fees were awarded under the Virgin Islands' fee shifting statute. Mark Cohen represented Lexington.
In-House Defense Quarterly published Tony Zelle's "2011 Year in Review"
In-House Defense Quarterly published Tony Zelle's "2011 Year in Review" addressing insurance coverage and claims issues.
McDonough Serves as Regional Editor of Excess/Umbrella Compendium
Brian McDonough served as Regional Editor (New England States) for the Defense Research Institute's newly released "Excess and Umbrella Insurance State-by-State Compendium" (January 2012).
Zelle leads DRI Panel Discussion with Claims Executives Re: Insurance Coverage Issues
At the Defense Research Institute's Insurance Coverage Symposium, Tony Zelle led a panel discussion with property and liability claims executives addressing the year-in-review and the issues expected to generate insurance coverage claims in 2012.
Cohen Presents at Professional Liability Seminar
Mark Cohen participated in a panel discussion at the Defense Research Institute's Professional Liability conference on December 15-16, 2011 in New York City. Mark spoke about issues involving burning limits policies, hammer clauses and consent to settle provisions. Mark also co-authored a paper on these issues which was included in the seminar materials
McDonough Presents on Bad Faith Litigation
On November 30, 2011, Brian McDonough presented at the American Conference Institute's 22nd National Advanced Forum on Bad Faith Litigation in Orlando, Florida. Mr. McDonough spoke on the subject of "Proven Strategies for Bad Faith Claims where Multiple Layers of Insurance Are Involved."
ZMC Again Tops New England's Insurance Coverage Super Lawyers List in 2011
ZMC lawyers were named to the 2011 New England Super Lawyers list for Insurance Coverage, marking the second year in a row in which ZMC had more attorneys receiving this recognition than any other law firm in the region. Super Lawyers are recognized as being in the top five percent of their practice area, as ranked by their peers. Mark Cohen, Brian McDonough, Barbara O'Donnell, Catherine O'Donnell and Tony Zelle were among those honored by this publication.
ZMC Makes New Law in Rhode Island
Zelle McDonough & Cohen has overturned Rhode Island's strict liability rule for extra-contractual damages where an insurer refuses to settle a claim against its insured within the policy limit. Tony Zelle argued the case for Travelers in the Rhode Island Supreme Court:
DeMarco v. Travelers Ins. Co., WL 2697038 (R.I. July 12, 2011).
Third Circuit Affirms Judgment for ZMC Client
The Third Circuit Court of Appeals has affirmed the judgment of a Virgin Islands district court judge for ZMC's client, Lexington Insurance Company. The Third Circuit agreed that Lexington did not breach its contract with an insured by filing an interpleader action rather than paying the policy limits to the insured over another insured's objection. Mark Cohen represented Lexington. See HOVENSA LLC v. Lexington Ins. Co., 2011 WL 2631855 (3d Cir. July 6, 2011).
ZMC Wins Bad Faith Case Against Property Insurer
A Massachusetts trial court dismissed an insured's bad faith claim against ZMC's client based on an alleged unfair and deceptive investigation following a New York court's determination that no coverage was owed under a property policy for a pier collapse.
Zelle Leads DRI Conferences on Insurance Coverage and Bad Faith
As chair of the Defense Research Institute's Insurance Law Committee, Tony Zelle led the DRI's Insurance Coverage and Claim Program in Chicago in April and the Bad Faith program in June in Washington, D.C.
Page and Young article published in Defense Research Institute's Covered Events
Aliya Page and Suzanne Young's article, "How Many Corners Does the Eight Corners Rule Have When Claims-Made Defenses Are at Issue?" appeared in the June, 2011 edition of Covered Events, a publication of the Defense Research Institute's Insurance Law Committee
Firm Client Prevails in Motion to Compel Arbitration
A federal district court judge from the Central District of California recently granted a motion to compel arbitration filed by a ZMC client, First Mercury Insurance Co., in Rodriquez v. Southern California Pizza Corp. Mark Cohen represented the insurer, along with local California counsel.
McDonough appointed to N.E. Professional Liability Underwriting Society Steering Committee
Brian McDonough was appointed as a member of the Steering Committee for the New England Chapter of the Professional Liability Underwriting Society (PLUS)
ZMC Attorneys Edit Bad Faith Treatise
The Defense Research Institute has published the Third Edition of its Bad Faith Compendium, a 50 state survey of bad faith law. Tony Zelle served as the Editor in Chief and Mark Cohen as a regional editor (New England, Canada).
Cohen Presents at DRI Insurance Coverage Symposium
Mark Cohen spoke on November 19, 2010 at the Defense Research Institute's Insurance Coverage and Practice Symposium in New York City about Emerging Issues Involving Employment Practices Insurance.
ZMC Attorneys named to Massachusetts Super Lawyers' List for Insurance Coverage in 2010
More Zelle McDonough & Cohen attorneys were named to the list of Super Lawyers or Rising Stars in Insurance Coverage for 2010 than any other firm in Massachusetts. Super Lawyers selects the top 5% of attorneys in various practice areas and Rising Stars recognizes the top 2.5% of lawyers who have been practicing 10 years or less or are 40 years old or younger. Tony Zelle, Brian McDonough, Mark Cohen, Barbara O'Donnell and Catherine O'Donnell were among those honored.
$100 Million Settlement in Class Action
As lead counsel in a class action arising out of a massive Ponzi scheme, ZMC has obtained settlements exceeding $100 million and is continuing to pursue claims against other defendants who aided and abetted the embezzlement of $140 million from more than 300 plaintiffs.
McDonough Obtains Summary Judgment on Advertising Injury Claims
Brian McDonough obtained a summary judgment from the United States District Court for the District of Massachusetts dismissing claims arising from insured's alleged misrepresentation of product ingredients under general liability policy's advertising injury coverage.
Cohen Speaks at Boston Bar Association Function
Mark Cohen was a panelist on "How to Pick a Mediator" at the Boston Bar Association on October 14, 2010.
Zelle Appointed to Chair DRI Insurance Law Committee
The Defense Research Institute, the nation's largest association of defense attorneys, has appointed Tony Zelle to serve as the Chair of the Insurance Law Committee. One of DRI's largest committees, with nearly 3,000 members, the ILC presents conferences and authors publications addressing insurance matters of national importance.
Barrett Obtains Summary Judgment on Property Insurance Coverage and Bad Faith Claims
Peter Barrett obtained summary judgment from the United States District Court for the District of Massachusetts dismissing insurance coverage and bad faith claims in a case involving damages caused by the "Mothers Day" flood of the Merrimack River.
Cohen Article Published in Defense Research Institute Publication
Mark Cohen's article, "Stopping the End Around: Enforcing the Reporting Requirement in a Claims-Made Policy and the Continuous Coverage Theory" was published in the July 2010 issue of Covered Events, a publication of DRI's Insurance Law Committee.
Defense Verdict for ZMC Client in Arbitration
Mark Cohen and Donna Hess secured a defense verdict in an insurance coverage arbitration arising from the collapse of a Vertical Belt System at a coal mine in Illinois. The panel found that the products exclusion in the Architects and Engineers Professional Liability policy precluded coverage. The insured had sought more than $1 million in damages.
Young Article Published in Defense Research Institute's The Whisper
Suzanne Young's article, "Current Trends in Student Loan Borrower Litigation: Borrower Must Pay Loan Debt", was published in the June, 2010 edition of The Whisper, a publication of the Defense Research Institute's Young Lawyers Steering Committee
Pennsylvania Appellate Court Affirms Summary Judgment Ruling for ZMC Client
The Pennsylvania Superior Court affirmed a decision granting summary judgment to ZMC's client, Lexington Insurance Company, in a coverage and bad faith lawsuit arising from a national discrimination class action. The court found that the claim was first made before the policy period. The Superior Court further found that Lexington's correct decision to decline coverage prevented any bad faith claim against it. R.J. Maselek handled the case at both the trial court and appellate levels.
Jury Verdict Against Merrill Lynch Leads to Bench Trial on Punitive Damages and Sanctions
ZMC obtained an $8.6 million compensatory damages verdict against Merrill Lynch in June 2009 based on the broker's aiding and abetting its customer in high risk option trading with escrow funds. This initial verdict will be followed this June by a trial on punitive damages and sanctions against Merrill Lynch and its law firm.
Zelle Presents at National Insurance Coverage Symposium
Tony Zelle spoke at the DRI's Insurance Coverage Practice Symposium in December 2009 about the effect of the global recession on the measurement of property damages claimed under property and liability policies.
Cohen Obtains Summary Judgment for Insurer in Multi-Million Dollar Lawsuit
Mark Cohen obtained summary judgment for Lexington Insurance Company in the United States District Court for the District of the Virgin Islands in a breach of contract claim alleging multi-million dollar damages. HOVENSA LLC v. Lexington Ins. Co., 2009 WL 2950366 (D.V.I. Sept. 8, 2009).
Cohen Presents at DRI 2009 Annual Meeting
Mark Cohen spoke at the Defense Research Institute's Annual Meeting about The Greening of America: New issues in Construction and Insurance Litigation.
Zelle Speaks at National Bad Faith Law Conference
Tony Zelle spoke at the 2010 National Advanced Forum on Bad Faith Litigation presented by the American Conference Institute on Avoiding Disputes Between Primary and Excess Insurers.
Cohen Article Published in DRI Covered Events
Mark Cohen's article, Passing the Bill: Do Claims Involving an Insured's Bills, Fees or Charges Allege a "Professional Service"? was published in the Defense Research Institute's June 2009 Covered Events publication.
McDonough Speaks About Bad Faith Issues at DRI Webinar
Brian McDonough co-presented a webcast for the Defense Research Institute on "Practical and Tactical Tools for Defending Extra-Contractual Claims."
McDonough Presents at National Bad Faith Conference
Brian McDonough gave a presentation on "Tactical Considerations for Exercising the Right, and Terminating the Duty, to Defend" at the Defense Research Institute's June 2009 Insurance Bad Faith and Extra-Contractual Claims Symposium.
McDonough Obtains Summary Judgment for Insurer in Bad Faith Case
Brian McDonough obtained summary judgment dismissal of an action against Commerce and Industry Insurance Company and AIG Domestic Claims, Inc. in May 2009. The suit included claims of unfair insurance practices and fraudulent inducement based upon alleged misrepresentations by claims handlers regarding coverage for purported rehabilitation services provided by a brain injury treatment facility to an injured employee, and sought actual and punitive damages in excess of $750,000, plus attorney fees.
Cohen Appointed Chair of Professional Liability Insurance Coverage Group
Mark Cohen was appointed Chair of the Defense Research Institute's Professional Liability subcommittee of the Insurance Law Committee in February 2009.
ZMC Prevails on Insurance Coverage and Bad Faith Issues in First Circuit
In an opinion issued in December 2008, Mark Cohen represented National Union Fire Insurance Company in the successful appeal affirming a defense verdict obtained by Tony Zelle in a bad faith and insurance coverage case in the District of Massachusetts. National Union Fire Ins. Co. of Pittsburgh, Pa. v. West Lake Academy, 548 F.3d 8 (1st Cir. 2008).
Defense Verdict for ZMC Attorneys
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 in September 2008 before the American Arbitration Association. The arbitration concerned the availability of coverage under an Employment Practices Liability Insurance policy and whether the insurer was estopped from raising coverage defenses.