Harvey Nosowitz's Legal Cases (4)

Insurance

Manganella v. Evanston Ins. Co., 700 F.3d 585 (1st Cir. 2012)

Dec 14, 2012

OUTCOME: Affirmed summary judgment in favor of client.

Briefed and argued appeal resulting in First Circuit affirming judgment in favor of insurer client on individual insured’s claim for indemnification and defense costs of over $2 million. The Court held ... that coverage for a sexual harassment claim was barred where a prior arbitration established that the individual insured’s conduct was excluded as a reckless or intentional violation of law.

Insurance

Manganella v. Evanston Ins. Co., 702 F.3d 68 (1st Cir. 2012)

Nov 27, 2012

OUTCOME: Summary judgment against client vacated; remanded for trial.

Briefed and argued appeal resulting in First Circuit vacating summary judgment against insurer client. The Court held that an affidavit obtained by the corporate insured from the claimant as part of th ... eir settlement was inadmissible, and whether the conduct underlying the settled claim fell within the policy’s coverage was a disputed issue of fact for trial.

Insurance

Faneuil Advisors, Inc. v. DeCicco, et al., United States District Court for the District of Massachusetts C.A. No. 96-12276-DPW

May 22, 2000

OUTCOME: Summary judgment for insurer client voiding yacht policy for material misrepresentations in insurance application.

Lender filed suit seeking to collect from yacht insurer after yacht sank.

LITTLE, BROWN & CO. v. AMERICAN PAPER RECYCLING, 824 F.Supp. 11 (D.Mass. 1993)

N/A

OUTCOME: Judgment on liability in favor of client.

Publisher's consignment of books to recycler for destruction was bailment and not first sale under copyright law. Judgment on liability that recycler breached contract by selling books to bookstores.

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