David Simantob

Kara Thorvaldsen (Partner-Boston, MA) and David Simantob (Partner-Los Angeles, CA) prevailed on a motion to dismiss on behalf of an insurer client, denying plaintiff’s "abuse of process” coverage claim in U.S. District Court, District of Massachusetts. The plaintiff was sued by the owner of an abutting property for abuse of process. The plaintiff sought coverage from four different CGL insurers across four different policy years, asserting the policies specifically listed "malicious prosecution" as a covered offense, which should be applied to cover "abuse of process." Kara and David argued the plaintiff was bound by a First Circuit case, which held “malicious prosecution” does not mean “abuse of process,” and the courts agreed there was no grounds for coverage.