Premier New England Trial Attorneys

Jim Scamby Quoted in Mass Lawyers Weekly

On March 3, 2020, the SJC decided Green Mountain Insurance Co. v. Wakelin, an insurance coverage case involving the applicability of a policy exclusion for claims arising out of an uninsured premises.  The SJC considered two earlier Appeals Court decisions, Callahan v. Quincy Mutual (finding coverage) and Commerce Insurance v. Theodore (finding no coverage), as well as the First Circuit’s 2013 decision in Vermont Mutual v. Zamsky.  Jim successfully represented the insured in Zamsky, in which the First Circuit similarly analyzed the “bookend” Appeals Court cases and found coverage.  Jim was quoted in a March 16, 2020 Massachusetts Lawyers Weekly article on Wakelin, noting the SJC’s finding that the exclusion was ambiguous and commenting that this was “the death knell for an insurance company trying to rely on an exclusion.”