James S. Harrington
Experience
- Represents businesses and insurers in arbitrations, litigation and trials throughout the United States.
- Has 25 years of litigation experience including defense of coverage matters in property, liability and life insurance; arson and fraud; subrogation; health care litigation; and liability defense.
Certifications
- Harvard Law School Program, NITA Instructor Certification
Outside Experience
- 2010 Editorial Advisory Board, Insurance Law 360
- Instructor in Insurance Law, New England School of Law
- Former Special Assistant District Attorney, Norfolk County
Selected Results*
Ludlow Plastics Fire: Third party subrogation recovery following $40 million Ludlow Plastics fire in Holyoke, MA.
LKBOC, LLC v. Continental Casualty Company, No. 06-1617 (E.D. La. 2007): Partial Summary Judgment limiting period of interruption arising from order of civil authority and service interruption in downtown New Orleans after Hurricane Katrina.
BCBSMN v. Abbott Laboratories: Partial summary judgment obtained in Cook County, IL establishing antitrust violation involving a popular high blood pressure medication purchased by health insurer clients.
HSB v. Sentinel Products: Defense verdict in $17 million boiler and machinery and business interruption trial.
Connecticut Indemnity v. IRI: Arbitration of a $10 million all risk vs. boiler and machinery issue on behalf of prevailing all risk insurer.
Pirie v. Federal Insurance, 45 Mass.App.Ct. 907, 696 N.E.2d 553, 555 (1998)(“an internal defect in a building. . . does not rise to the level of a physical loss”)
Memberships
- American Bar Association (Tort and Insurance Practice Section)
- Massachusetts Reinsurance Bar Association, Founding Member
Bar Admissions
- Maine
- Massachusetts
- New Hampshire
- Rhode Island
- U.S. Court of Appeals, First Circuit
- U.S. District Court, Maine
- U.S. District Court, Massachusetts
- U.S. District Court, New Hampshire
- U.S. Supreme Court
Education
- Boston College Law School, J.D., cum laude (1984), Edward Bigham III Scholar
- Harvard College, A.B., cum laude, Harvard National Scholar
Articles
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Changing Legal Fees Through Litigation Budgeting
Law360
(September 16, 2009)
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Can Hidden Internet Data Violate the Lanham Act?
Robins, Kaplan, Miller & Ciresi L.L.P.
(September 15, 2009)
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Second Circuit Upholds Arbitration Panel's Authority to Award Attorney Fees as a Sanction
Robins, Kaplan, Miller & Ciresi L.L.P.
(April 24, 2009)
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Reinsurance Arbitration Reform: Is It Time For A Mediation Option And A Flexible Discovery Limit?
Robins, Kaplan, Miller & Ciresi L.L.P.
(December 18, 2008)
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Lessons of the San Francisco Earthquake of 1906: Understanding Ensuing Loss in Property Insurance
The Brief - ABA Magazine
(August 2008)
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Reinsurance: New York Revisits Follow the Fortunes and Its Bad Faith and Ex Gratia Exceptions
Robins, Kaplan, Miller & Ciresi L.L.P.
(January 3, 2008)
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Ninth Circuit Joins the "Great Weight of Authority" and Limits Insurance Coverage for Ensuing Loss
Robins, Kaplan, Miller & Ciresi L.L.P.
(November 6, 2007)
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The Zurich v. Ace Case: Are Reinsurers Obligated to Provide Cedents With Discovery of "Other Reinsurance Claims"?
Robins, Kaplan, Miller & Ciresi L.L.P.
(April 10, 2007)
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Second Circuit Decision Paves the Way for IPO Antitrust Litigation
Robins, Kaplan, Miller & Ciresi L.L.P.
(October 31, 2005)
Selected Speeches
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The Ethical Adjuster Workshop
Loss Executives Association, Tampa, Florida
(Scheduled for February 3-4, 2011)
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Property Insurance Law Update
Loss Executives Association, Tampa, Florida
(January 28, 2010)
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Ethics and Large Loss Claims Adjusting
Property Loss Research Bureau, Washington State Convention Center, Seattle, Washington
(March 22-25, 2009)
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Trends in Property Insurance Law
Loss Executives Association (LEA), Tampa, Florida
(February 5, 2009)
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The Ethics of Large Loss Adjusting
PLRB/LIRB, Tucson, Arizona
(December 1-3, 2008)
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Ethics and Large Loss Claims Adjusting
Loss Executives Association (LEA), Grand Hyatt, Tampa, Florida
(January 23-25, 2008)
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Electronic Discovery and the New Federal Rules: You've Got Mail
Loss Executives Association (LEA), Lincolnshire Marriott Resort, Lincolnshire, Illinois
(June 13-15, 2007)
- Business Interruption in the Age of Disaster
Loss Executives Association, Tampa, FL (January 2004) - Past Presenter
Property Loss Research Bureau - Past Presenter
ABA Tort and Insurance Practice Section