Halaby Law Group attorney Jeff Katzenstein was quoted in the April 5, 2021 issue of Massachusetts Lawyers Weekly in an article about a recent insurance class action case, Konsevick, et al. v. Plymouth Rock Assurance Corp. The plaintiffs in the case asserted that Plymouth Rock had violated state insurance regulations by failing to include their title, registration, and inspection fees when determining the “actual cash value” of their totaled vehicles following accidents. The plaintiffs relied upon 211 CMR §133.05(1), which provides that determination of actual cash value includes “the actual cost of purchase of an available motor vehicle of like kind and quality but for the damage sustained.” Fees for transfer of title, registration, and inspection, the plaintiffs contended, are mandatory fees which are part of the cost to purchase a new vehicle.
Judge Robert B. Gordon of the Suffolk Superior Court dismissed the plaintiffs’ suit for failure to state a claim upon which relief can be granted. The court reasoned that regulatory fees are not transferable to a purchaser, and therefore “are not fairly considered a component of the ‘actual cost’ to purchase a vehicle.”
Massachusetts Lawyers Weekly reached out to Attorney Katzenstein to share his opinions about the decision. In the article, Attorney Katzenstein noted that while the court’s interpretation of the Massachusetts Standard Automobile Policy and applicable regulations was reasonable, the issue should have survived a motion to dismiss and would have been more appropriate for determination at a later stage of litigation.
Our attorneys prevailed in a major insurance coverage dispute before the First Circuit Court of Appeals, IDS Property Casualty Insurance Co. v. GEICO. The case concerned the level of available coverage for an auto accident that occurred in Florida. The key issue addressed in the First Circuit's decision was whether a renewal form for the insurance policy at issue triggered the insured's duty to report changes to a vehicle's place of garaging and customary operators. The court answered in the affirmative, upholding the district court's grant of summary of judgment in favor of the insurer.
Massachusetts Lawyers Weekly interviewed Attorney Jeff Katzenstein about the case, and published a front-page article about the court's decision, in its January 25, 2021 issue.
To read the full article, please click here.
On Wednesday, December 16, 2020, Attorney Jon Halaby appeared as a guest on the podcast show, Communication Commandments, a presentation of Boston Edits, LLC.
Jon graciously elaborated on his experience as a personal injury attorney and one of the show's goals is to highlight what makes a guest better and different than others in their field. Jon has worked on ‘both sides of the table,’ and with that experience comes a special knowledge of how the other side looks at a case, enabling Jon to anticipate their concerns. This was one such topic covered in the 25-minute discussion, which begins at 12:05 on the podcast.
To hear the full podcast and learn more about Jon's expansive personal injury knowledge, please click on the following link:
To learn more about personal injury representation, please reach out to Jon at jonhalaby@halabylegal.com.
On Monday August 8, 2016, Attorney Jon Halaby appeared as a guest on the Radio Entrepreneurs podcast show. In this segment, he discusses the focus of risk prevention, which Halaby Law Group, P.C. specializes in, especially as it relates to two practical areas: construction site safety and representing management in an employment context.
To hear the full podcast and learn more about Jon's explanation of risk prevention in these two important areas, please click on the following link:
https://radioentrepreneurs.com/2016/08/08/monday-august-8th/
To learn more about risk prevention representation, please reach out to Jon at jonhalaby@halabylegal.com.
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