Boston Team Secures Summary Judgment for Insurer, Administrator in Coverage Dispute with Municipality

Boston, Mass. (November 8, 2024) - Boston Managing Partner Kenneth Walton and Partner Patricia Gary recently obtained summary judgment for an insurer and its third-party administrator in a dispute with a municipality over coverage for a firefighter’s disability benefits.

In the case, the plaintiff municipality initially named only the third-party administrator as a defendant in its declaratory judgment action in Massachusetts Superior Court. However, given that the administrator was not a party to the insurance policy contract, it was not the correct party to sue for a declaratory judgment.

Mr. Walton and Ms. Gary filed a motion to intervene on behalf of the insurer that issued the policy, which the Superior Court granted. The team then moved for summary judgment on behalf of the insurer and its third-party administrator. In granting the motion, the Superior Court found that there was no coverage for the claim at issue, and that neither defendant violated G.L. c. 93A by denying coverage.