Attorney Russell F Conn's Legal Cases

Litigation

Massamont Insurance Agency, Inc. v. Utica Mutual Insurance Company

Jan 01, 2007

OUTCOME: Summary judgment affirmed by First Circuit

Insured insurance agency sought coverage from Utica under professional liability policy for arbitration claim that ultimately resulted in $2.5MM award aginst agency. Claim related to agency's breach of ... contract with insurer for whom it had agency agreement. Judge William Young of the United States District Court for the District Of Massachusetts entered summary judgment for Utica, holding that the underlying arbitration claim did not allege a aclaim for negligence or error in the rendering of professional services covered by the agency's errors and omissions policy with Utica. First Circuit affirmed.

Litigation

Underwriters at LLoyd's v. National Instalment Insurance Services, Inc.

N/A

OUTCOME: Denial of almost all relief sought in $7MM case.

In this professional liability case litigated in the Delaware Chancery Court, Underwriter's at Lloyd's and Drive Financial Services, Inc. sought over $7MM from Drive's insurance broker for alleged negl ... iigence in procuring insurance for Drive from Lloyd's. Folllowing a jury-waived trial, extensive briefing, and closing arguments, the Court (Parsons, V.C.) denied substantially all of the relief sought. The decision is reported at 2007 WL 4554453. The Chancery Court subsequently denied plaintiffs' post-trial motions for reargument and to amend complaint. See 2008 WL 2133417. The case was affirmed by the Delaware Supreme Court.

Litigation

Smith v. Jones (pseudonyms)

N/A

OUTCOME: Plaintiffs win $380K judgment.

Plaintiff dentists sought recovery of $100K for services performed in a study to test the efficacy of a new breath refresh product. The essential business terms were agreed to orally based on represent ... ations by the defendant agent of the company for whom the study was performed. Following a four day trial ending on 7/1/08, and after about one hour of deliberation, a Middlesex Superior Court jury awarded plaintiffs the full $100K, finding the defendant had committed fraud, then doubled the award, finding that the defendant's conduct also violated the state's Consumer Protection Act. The trial court subsequently awarded plaintiffs their attorneys' fees and costs, and denied defendant's post-trial motion for relief from the jury's verdict. The company for whom defendant had acted as an agent settled with plaintiffs during discovery. Judgment affirmed by Massachusetts Appeals Court. With accrued interest, final judgment was for $380K.

Litigation

Commerce Insurance v. Quality Insulation

N/A

OUTCOME: After a three day trial, the Court directed a verdict for Quality.

Commerce insured a home substantially damaged in a fire and brought a subrogation action against Quality for negligence in the installation of a fireplace alleged to be the cause of the fire.

Russell F Conn's Legal Cases (4)

Massamont Insurance Agency, Inc. v. Utica Mutual Insurance Company

Underwriters at LLoyd's v. National Instalment Insurance Services, Inc.

Smith v. Jones (pseudonyms)

Commerce Insurance v. Quality Insulation