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    1. Home
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    3. Kurt M. MullenPeople
    1. Home
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    3. Kurt M. MullenPeople

    Kurt M. Mullen

    Partner


    • Boston
    • Office617.345.1113
      Mobile617.816.0675
    • kmullen@nixonpeabody.com
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    Introduction

    Kurt Mullen is a commercial litigator with more than 15 years of experience in insurance-related litigation. He represents insurance companies and other financial services institutions, state insurance guaranty funds and a variety of medium- and large-sized businesses.

    Practice Areas

    Insurance LitigationComplex DisputesLitigationAppellateFinancial Institution Investigations

    My focus

    General commercial litigation

    I represent a variety of  medium- and large-sized businesses in commercial disputes. This includes work in various courts across the Northeast, as well as in arbitration and other forms of alternative dispute resolution.

    Insurance coverage and guaranty association issues

    Insurance coverage issues—especially related to catastrophic losses, additional insured issues and bad faith claims—have been on the rise over the last several years. I devote a large part of my practice to counseling and representing clients in connection with these and other insurance coverage issues. And there continues to be significant litigation over the interpretation of state insurance guaranty association statutes and the extent to which general insurance law applies to these entities.

    Appellate

    I have argued in all levels of the Massachusetts appellate courts and the Connecticut Supreme Court, and have worked on appellate briefs in cases across New England and New Jersey.

    I also provide second opinions to clients who have received adverse rulings or judgments on the strength of their appellate agents.

    Looking ahead

    Increased data breaches and related state and federal regulatory changes have the potential to result in insurance coverage litigation, especially as the cyber insurance market continues to develop and mature.

    Presentations

    • “Veteran Litigators: A How-To,” NCIGF Legal Seminar, Denver, CO, June 27, 2019

    Publications

    • “Determining the Insurer’s Response” (with Gregory P. Deschenes), 1 New Appleman Insurance Law Practice Guide 11-1 (Mathew Bender & Co., Inc. 2007)
    • “The Differences and Similarities in Dealing with Primary vs. Excess Carriers” (with Gregory P. Deschenes), presented at the Mealey’s All Sums: Reallocation & Settlement Credits Conference (November 2006)
    • “Ethical Obligations and Out-of-State Arbitration,” ABA Commercial and Business Litigation Journal, (2004)

    Representative experience

    Appellate Cases

    • Massachusetts Insurers Insolvency Fund v. Berkshire Bank, 475 Mass. 839 (2016) (reversing trial court’s summary judgment ruling and holding that the Massachusetts guaranty fund is entitled to recover workers’ compensation benefits paid to claimant on behalf of high net worth insured).
    • Connecticut Insurance Guaranty Association v. Drown, 314 Conn. 161 (2014) (holding an insurer’s breach of its duty to defend a medical malpractice suit before becoming insolvent does not bar the Connecticut guaranty association from contesting its obligation to pay a claim made under the insolvent insurer’s policy and that the underlying claim was barred by the policy’s vicarious liability exclusion).
    • Suffolk Construction Co., Inc. v. Illinois Union Ins. Co., 80 Mass. App. Ct (2011) (Reversing trial court’s summary judgment ruling and holding that additional insured endorsement to sub-subcontractor’s commercial general liability insurance policy, providing coverage for additional parties “as required by contract, provided the contract is executed prior to loss,” required that the contracting parties have a signed, written contract in order for contractor and subcontractor to be covered as additional insureds under policy).

    Other cases:

    • Insituform Technologies, Inc. v. American Home Assurance Co., 566 F.3d 274 (2009) (Reversing district court’s judgment ruling excess insurer liable for cost of repairing and replacing insured’s work and holding that “following form” endorsement did not create new liability for excess insurer inconsistent with other basic provisions in the excess policy, including the “your product” and “your work” exclusions, which still operated to bar coverage for construction defect claim).

    Admitted to practice

    Massachusetts
    Connecticut
    New Jersey
    New York
    U.S. District Court, District of Massachusetts
    U.S. District Court, District of New Jersey
    U.S. District Court, Eastern District of New York
    U.S. District Court, Southern District of New York
    U.S. Court of Appeals, First Circuit

    Education

    Boston College Law School, J.D.
    Northeastern University, B.S., summa cum laude

    Professional activities

    Kurt is an elected Town Meeting Member in Needham, Massachusetts. He also represents Needham on the Regional Transportation Advisory Council, which provides public input on transportation planning issues to the Metropolitan Planning Organization for the Boston Region. Kurt also is on the Board of Directors of Needham Bikes, Inc., a nonprofit community organization that promotes bicycle use for transportation and recreation.

    Recognition

    • Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2023 in the field of Insurance Law

    News Mentions

    • Law360

      Cooper Levenson, client ditch NJ racketeering claims

      The article covers recent developments in a case involving a New Jersey company’s lawsuit against Cummins Inc., a backup generator provider.  Boston commercial litigation partner Kurt Mullen is noted as representing Cummins in the lawsuit.
      Nov 28, 2016
    • Law360

      Mass. justices reverse bank's win against insurance fund

      Boston Commercial Litigation partners Greg Deschenes and Kurt Mullen, and Boston Government Investigations & White Collar Defense associate Charles Dell'Anno are mentioned as counsel successfully representing the Massachusetts Insurers Insolvency Fund in this article about a Massachusetts Supreme Judicial Court decision regarding whether the fund can recover workers’ compensation claims.
      Nov 3, 2016
    • Law360

      Loss Accrued V. Occurred In Mass. Fire Insurance Policies

      Boston Commercial Litigation partner Kurt Mullen and Boston Government Investigations & White Collar Defense law clerk Julianna Malogolowkin authored this column discussing an appeals court ruling that the statute of limitations for losses under a standard fire insurance policy runs from the date that the loss "occurred" and appears to have limited the discovery rule in Massachusetts only to statutes of limitation referring to when the loss “accrued.”
      Nov 2, 2015
    • Law360

      Conn. High Court Says Insurer's Breach Doesn't Nix Suit

      This story notes the Connecticut Supreme Court ruling in Connecticut Insurance Guaranty Association v. Joshua Drown et al. upholding a lower court’s ruling that the insurer's breach of its duty to defend a medical malpractice suit before going insolvent does not halt the Connecticut Insurance Guaranty Association from suing over its coverage obligations. Boston Commercial Litigation and Insurance associate Kurt Mullen is identified as representing the Connecticut Insurance Guaranty Association.
      Oct 21, 2014

    Professionals in the Practice Area

    View All
    • Gregory P. Deschenes

      Partner
      • Boston
      • Office:617.345.1324
      • gdeschenes@nixonpeabody.com
      Gregory P. Deschenes
    • Joseph J. Ortego

      Partner / Diversity Partner / Chair, NP Trial® / Leader, Aviation
      • New York
      • Office:212.940.3045
      • jortego@nixonpeabody.com
      Joseph J. Ortego
    • Jeffrey S. Brenner

      Partner / Practice Group Leader, Construction & Real Estate Litigation
      • Providence
      • Office:401.454.1042
      • jbrenner@nixonpeabody.com
      Jeffrey S. Brenner
    • Dawn N. Valentine

      Counsel
      • San Francisco
      • Office:415.984.8474
      • dvalentine@nixonpeabody.com
      Dawn N. Valentine
    • Elizabeth Rice Merryweather

      Department Attorney
      • Boston
      • Office:617.345.1213
      • emerryweather@nixonpeabody.com
      Elizabeth Rice Merryweather
    View All

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