Nina E. Kallen

I have been an attorney in Massachusetts since 1994. I practice in general litigation and focus on insurance coverage issues. I am available to assist claimants, insureds, and insurers who have a dispute over motor vehicle, homeowners, general liability, and other insurance policies. I also draft briefs and provide other litigation services to fellow attorneys on a subcontract basis. You can learn more about me, and find links to my published opinions, at my website, www.kallenlawyer.com.

First Circuit holds insurer does not have duty to defend or investigate when allegations of complaint do not sketch facts showing coverage

By Nina Kallen

June 25, 2020

Denise Doherty sued Lundgren Management Group, Inc., a building management company. alleging negligence and other claims stemming from water infiltration into her condominium unit beginning in 2004 in a building managed by Lundgren. She alleged that Lundrgren did not make timely or appropriate repairs. Lundgren was insured by Clarendon National Insurance Company from June 24, 2004 to June 24, 2005. It was insured by Philadelphia Indemnity Insurance Company from September 1, 2007 to September 1,…

Insurance Coverage Law in Massachusetts

Lawsuits filed over denial of claims for business interruption losses as a result of coronavirus pandemic

By Nina Kallen

June 11, 2020

I am aware of two Massachusetts cases to date against insurers alleging wrongful denials of claims for business interruption losses as a result of the coronavirus pandemic. Both have been filed in the United States District Court for the District of Massachusetts. In the amended complaint in the first lawsuit, Legal Sea Foods, LLC v. Strathmore Ins. Co., restaurant chain Legal Sea Foods alleges that its policy issued by Strathmore Insurance Company did not have…

Insurance Coverage Law in Massachusetts

Mass. Appeals Court holds that "results in" means "causes," and that chain of causation theory does not apply to third party claims

By Nina Kallen

June 11, 2020

Four related companies known as Cold Storage Solutions operated cold storage warehouses. They hired Eastern Insurance Group to obtain warehouse liability insurance for them. Eastern informed them that it had done so, but in fact it had failed to obtain insurance for one of the entities, CSS III. On October 9, 2011, a forklift operator drove into a racking system in a freezer at the CSS III warehouse, causing racks holding millions of pounds of…

Insurance Coverage Law in Massachusetts

An open invitation

By Nina Kallen

June 9, 2020

One of the results of the current protests over racial injustice in this country is that business communities are revisiting the perennial topic of the barriers to advancement for people of color in the corporate and legal world. So I would like to put this out there, especially to attorneys of color: I love to talk to lawyers of all levels of experience about insurance coverage and bad faith issues. If this is an area…

Insurance Coverage Law in Massachusetts

Mass. Appeals Court hold that title insurer is not subrogee of mortgagee absent express subrogation clause in insurance contract

By Nina Kallen

June 3, 2020

I’m always excited when I see a title insurance case, because they are so few and far between. When such a dispute does arise it is not unusual to cite case law from a century ago. In 2003, Shane Kelly took out a first mortgage with Chevy Chase Bank for a property he owned in Boston. In 2007, Kelly took out a second mortgage on the property with JPMorgan. JPMorgan retained Attorney Roseann Conti to…

Insurance Coverage Law in Massachusetts

Business interruption and property damage coverage for businesses affected by riots

By Nina Kallen

June 2, 2020

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As I discussed here, most businesses do not have insurance coverage for business interruption as a result of the coronavirus pandemic. There are some attempts at legislation to retroactively change that, and some class action lawsuits challenging the exclusions that prevent the coverage. Now, just as businesses are starting to reopen, many of them have been vandalized in riots. Some are afraid to open because of the fear of additional violence. Others may be unable…

Insurance Coverage Law in Massachusetts

Class action lawsuit filed over insurer’s denial of claim for trip insurance on ground that trip cancellation due to coronavirus does not come within definition of quarantined

By Nina Kallen

May 28, 2020

A class action lawsuit against a travel insurance company was filed yesterday in the United States District Court for the District of Massachusetts, seeking reimbursement for money paid for a school trip canceled due to the coronavirus pandemic. In Corrigan v. EF Education Tours, Inc., et al, Amy Corrigan alleges that in October 2019 she enrolled her daughter, an 8th grader, in a school trip to Spain that was scheduled for April 2020. She paid…

Insurance Coverage Law in Massachusetts

First Circuit holds that church group splintering off from church is not covered by churches directors and officers coverage

By Nina Kallen

May 26, 2020

The definition of the word chutzpah is when a man kills both his parents and then begs for the court’s mercy because he is an orphan. Typically I would not apply a Yiddish word to a church dispute. And yet . . . In January, 2017, members of the Newton Presbyterian Church (NPC) voted to withdraw from the national Presbyterian organization. The withdrawing members called themselves the Newton Covenant Church (NCC). The schism arose because…

Insurance Coverage Law in Massachusetts

View webinar on Insurance Issues for New Personal Injury Attorneys

By Nina Kallen

May 13, 2020

On May 6, 2020 I moderated a Boston Bar Association panel on Insurance Issues for New Personal Injury Attorneys. Many thanks to panelists Frank Riccio and Andy Caplan, who did a stellar job. You can view the webinar here.…

Insurance Coverage Law in Massachusetts

Free Boston Bar Association webinar: Insurance Issues for New Personal Injury Attorneys

By Nina Kallen

May 4, 2020

This Wednesday, May 6, 2020 from 12:30 to 1:30 PM I will be moderating a Boston Bar Association panel discussion webinar with Frank Riccio and Andy Caplan on Insurance Issues for New Personal Injury Attorneys. Like all BBA webinars at this time, it is free for both members and non-members. If you are a member you can sign up here. If you are not a member, send me an email (my contact information is…

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First Circuit holds insurer does not have duty to defend or investigate when allegations of complaint do not sketch facts showing coverage

Lawsuits filed over denial of claims for business interruption losses as a result of coronavirus pandemic

Mass. Appeals Court holds that "results in" means "causes," and that chain of causation theory does not apply to third party claims

An open invitation

Mass. Appeals Court hold that title insurer is not subrogee of mortgagee absent express subrogation clause in insurance contract

Business interruption and property damage coverage for businesses affected by riots

Class action lawsuit filed over insurer’s denial of claim for trip insurance on ground that trip cancellation due to coronavirus does not come within definition of quarantined

First Circuit holds that church group splintering off from church is not covered by churches directors and officers coverage

View webinar on Insurance Issues for New Personal Injury Attorneys

Free Boston Bar Association webinar: Insurance Issues for New Personal Injury Attorneys

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