Harvey Nosowitz has more than twenty years of experience in civil litigation, focused primarily on insurance coverage matters. In addition, he defends corporations and individuals in personal injury and products liability cases. Harvey’s background also includes copyright and trademark actions and other commercial litigation. His experience includes:

   
• Representing clients in insurance disputes involving professional liability, employment practices, environmental, construction defects, property, and other coverage areas;
• Advising and counseling on design professional insurance coverage issues under an owner-controlled insurance policy for Big Dig cost recovery and personal injury claims;
• Representing insurers in actions successfully rescinding policies for misrepresentations in applications for auto and yacht coverage;
• Representing an insurer in an action establishing that the negligent hiring and retention of an employee who abused a patient is not covered under a medical professional liability policy;
• Defense of complex products liability claims involving home appliances, manufacturing equipment and other products;
• Advising and litigating on behalf of a publisher on contract and copyright issues resulting from the resale of books consigned for recycling;
• Chairing the Boston Bar Association’s Insurance Law Committee; and
• Chairing the Self-Insurers and Risk Managers Committee of the Tort Trial and Insurance Practice Section of the American Bar Association.

Recent Cases

Briefed and argued appeal resulting in First Circuit affirming judgment in favor of insurer client on individual insured’s claim for indemnification and defense costs of over $2 million. The Court held that coverage for a sexual harassment claim was barred where a prior arbitration established that the individual insured’s conduct was excluded as a reckless or intentional violation of law.
Manganella v. Evanston Ins. Co., 700 F.3d 585 (1st Cir. 2012).

In the same case, briefed and argued appeal resulting in First Circuit vacating summary judgment against insurer client. The Court held that an affidavit obtained by the corporate insured from the claimant as part of their settlement was inadmissible, and whether the conduct underlying the settled claim fell within the policy’s coverage was a disputed issue of fact for trial.
Manganella v. Evanston Ins. Co., 702 F.3d 68 (1st Cir. 2012).

Recent Publications

CGL Coverage for Invasion of Privacy: Recent Cases and Trends, CGL Reporter (2011)