December 1st, 2021

Firm Obtains Dismissal of Insurance Coverage Suit

Attorney Bill Rubert, of counsel with the firm, obtained a dismissal of a declaratory judgment action against Landmark American Insurance Company in Massachusetts federal court.  A company insured by Landmark was sued for abuse of process and sought insurance coverage for that lawsuit.  Based on coverage advice from Mr. Rubert, Landmark declined to provide a defense.  The company brought a declaratory judgment action against Landmark in Massachusetts state court, arguing that the policy’s coverage for “malicious prosecution” required defense of the abuse of process lawsuit.  Mr. Rubert removed the case to the District of Massachusetts, then by way of a motion to dismiss took the position that “malicious prosecution” and “abuse of process” are recognized as distinct torts and that the Landmark policy thus provided no coverage for the abuse of process lawsuit.  The federal court judge agreed with Mr. Rubert’s arguments and dismissed the case against firm client Landmark American Insurance Company.