Michael Kinton concentrates his practice primarily in the area of insurance coverage, ranging from long-tail environmental claims under commercial general liability policies to class actions under the Massachusetts standard automobile insurance policy. He represents insurance company clients in complex matters involving claims for coverage under insurance policies, bad faith allegations, class action claims and reinsurance disputes. Michael’s experience includes construction-related litigation, and product liability claims and suits.
Admissions
Massachusetts
US District Court for the District of Massachusetts
US Courts of Appeals for the First and Second Circuits
Education
J.D., Brooklyn Law School, 2011
B.A., cum laude, Northeastern University, 2008
Experience
Obtained Summary Judgment, Denial of Class Certification and Denial of Motion to Amend Complaint to add Chapter 93A/176D claims and affirmation by the First Circuit Court in an action brought against the insurer regarding handling of third-party diminution in value claims, including holding that third parties cannot bring direct breach of contract claims against insurers in the absence of a judgment or settlement.
Obtained denial of class certification in Chapter 93A coverage action against insurer under auto policy and dismissal of plaintiff’s direct claim following trial. Obtained affirmance of trial court’s decision on appeal.
Obtained summary judgment in favor of insurer in long-tail environmental coverage action. Obtained affirmance of trial court’s decision on appeal.
Obtained summary judgment in favor of insurer on all of plaintiff’s causes of action, including for breach of contract, violations of Chapter 93A and class certification, in connection with claim for coverage under auto policy.
Michael Kinton concentrates his practice primarily in the area of insurance coverage, ranging from long-tail environmental claims under commercial general liability policies to class actions under the Massachusetts standard automobile insurance policy. He represents insurance company clients in complex matters involving claims for coverage under insurance policies, bad faith allegations, class action claims and reinsurance disputes. Michael’s experience includes construction-related litigation, and product liability claims and suits.
Admissions
Massachusetts
US District Court for the District of Massachusetts
US Courts of Appeals for the First and Second Circuits
Education
J.D., Brooklyn Law School, 2011
B.A., cum laude, Northeastern University, 2008
Experience
Obtained Summary Judgment, Denial of Class Certification and Denial of Motion to Amend Complaint to add Chapter 93A/176D claims and affirmation by the First Circuit Court in an action brought against the insurer regarding handling of third-party diminution in value claims, including holding that third parties cannot bring direct breach of contract claims against insurers in the absence of a judgment or settlement.
Obtained denial of class certification in Chapter 93A coverage action against insurer under auto policy and dismissal of plaintiff’s direct claim following trial. Obtained affirmance of trial court’s decision on appeal.
Obtained summary judgment in favor of insurer in long-tail environmental coverage action. Obtained affirmance of trial court’s decision on appeal.
Obtained summary judgment in favor of insurer on all of plaintiff’s causes of action, including for breach of contract, violations of Chapter 93A and class certification, in connection with claim for coverage under auto policy.