Robinson Donovan specializes in all matters of litigation and insurance defense, including but not limited to:
Amusement Park & Leisure Activities
Robinson Donovan has decades of experience successfully representing a major amusement park located in Western Massachusetts. The firm is familiar with the obligations of such parks and the law on defending claims for injuries arising from a park’s rides, as well as claims relating to the operation of a large public space, including trip and falls and discrimination and public accommodation claims.
Camp Liability
Western Massachusetts and the Berkshires are home to numerous sleep-away camps that are attended by children from around the world. Robinson Donovan has represented many such camps when facing claims or suits by parents on behalf of children who were unfortunately injured during their stays.
Fire & Casualty
Fire and other property losses can be traumatic events regardless of whether the loss includes injury or the loss of life. Such losses not only involve the loss of property, but often result in significant claims for bodily injury or death, and can require attorneys to work closely with adjusters and experts to identify the cause of the loss and the alleged injuries or damages.
These claims are also governed by a complex set of rules when there are disagreements in the value of the loss, which, if not handled properly, can result in additional exposure to the carrier and the loss of good will with potential customers.
Robinson Donovan has forged relationships with professionals who investigate such claims, and provide optimal legal advice and counsel when engaged in these claims.
Insurance Coverage
Robinson Donovan has years of experience in assessing and analyzing coverage issues for all forms of policies and advising insurers about what action to take as a result of a claim or loss. Robinson Donovan can provide a party with a comprehensive coverage opinion detailing the claim or loss, the policy provisions that govern the coverage issue, and a recommendation of what action to take or not take.
Robinson Donovan has also represented insurers in disputes arising from the policy, including disputes about whether a claim or loss must be indemnified or defended. These actions often require mediations, arbitrations, references or court actions.
Landlord Tenant Law
In a summary process action to evict a tenant, the tenant may file counterclaims including but not limited to ones relating to the condition of the property or the alleged unlawful reasons for evicting the tenant. Landlords have increasingly turned to their insurance carriers to defend them in these claims, which can have the potential for high exposure, and are as factually and legally complex as any other action.
Motor Vehicle Accidents
Motor vehicle accidents implicate a host of complex issues, including state laws governing personal injury protection and no-fault liability, as well as claims for negligence and property damage.
Robinson Donovan has forged relationships with professionals who investigate such claims, as well as medical professionals that can address issues relating to injuries and other damages.
Municipal Law
Many municipalities and other governmental agencies are covered by insurance policies or contracts of insurance for claims arising from, but not limited to, negligent or wrongful conduct pursuant to the Massachusetts Tort Claims Act, claims arising from the government entities as a public employer, including claims for discrimination, retaliation and wage and hour violations, civil rights claims, claims for violation of the Public Accommodation Law.
Personal Injury
Personal injury claims, while very common, require a sophisticated and thoughtful response so as to protect an insured from personal exposure and, where representing an insurer, guiding the insurer so as to avoid any liability for breach of contract or unfair or deceptive settlement practices.
Robinson Donovan utilizes a network or experienced professionals to assess and defend such claims, and to avoid the common pitfalls that may result in increased exposure to insureds and to insurers.
Professional Malpractice
Professionals, including attorneys, medical practitioners, real estate agents, insurance agents are often the subject of claims and lawsuits alleging that they acted negligently in providing services to clients, patients or customers. Because Robinson Donovan is a full service law firm, its attorneys and staff are not only aware of the effects that such claims can have on a professional’s reputation, but the significant strain that such claims can place on one’s ability to conduct business.
Property Damage
Property damage claims, which include fire and casualty losses, can be traumatic events regardless of whether the loss includes injury or the loss of life. Such losses can require attorneys to work closely with adjusters and experts to identify the cause of the loss and the alleged injuries or damages.
These claims are also governed by a complex set of rules when there are disagreements in the value of the loss, which, if not handled properly, can result in additional exposure to the carrier and the loss of good will with potential customers.
Robinson Donovan has forged relationships with professionals who investigate such claims, and provide optimal legal advice and counsel when engaged in these claims.
Unfair Settlement Claims and Chapter 93A Liability
Most business transactions are subject to the Massachusetts law on consumer protection, G.L. c. 93A, which prohibits unfair and deceptive practices. Where a party is found to have engaged in unfair and deceptive practices, a court may double or triple the aggrieved party’s damages, and also award attorney’s fees and costs.
Insurance carriers and others engaged in the business of insurance, include third-party administrators, are subject to the provisions of G.L. c. 176D, which provides best practices in the adjustment, handling and settlement of claims. These provisions apply not only to consumers of insurance, but also to third-parties who make claims to carriers and administrators. A business found to have engaged in unfair and deceptive settlement practices may also be forced to pay double or triple damages, attorney’s fees and costs.
Appellate Litigation
As a firm that concentrates on its trial practice, Robinson Donovan’s attorneys are skilled in drafting briefs and presenting arguments to these tribunals, and can guide a party through the process for making a decision to appeal a decision. Robinson Donovan has handled countless appears before the state and federal courts. These concerns, however, begin during the trial process and Robinson Donovan’s attorneys are adept at raising and preserving its clients’ appellate rights.
Robinson Donovan is also skilled at handling appeals of cases where the underlying action was handled by another attorney or firm.
Specialty Lines
Robinson Donovan is also equipped to advise, perform coverage analysis and litigate a wide variety of specialty lines insurance for claims arising out of professional activities or services, including but not limited to claims for medical and legal malpractice, and errors and omissions claims against educational institutions, insurance agents, consultants, brokers, engineers, construction, plumbing, electrical and maintenance providers, charities and transport.
