For over fifty years, Curley & Curley, P.C. has provided clients with quality, cost-effective litigation defense marked by a personal, hands-on approach to each case.

 

David D. Dowd

David Dowd is a well-respected attorney whose practice emphasizes insurance coverage matters. Many insurance companies rely upon him to provide top quality coverage analysis, advice and representation. His practice also includes representation of insureds in civil litigation, particularly personal injury and property damage suits. He has tried cases in the courts of Massachusetts, New Hampshire and Maine. As of 2011, Mr. Dowd’s clients have prevailed in 81% of the appeals which he has prosecuted or defended. Mr. Dowd also provides support and advice to other members of the firm with regard to insurance matters that our clients may face.

Outside of the law firm, Mr. Dowd is an active member of the Norfolk Golf Club. He holds an AV rating from Martindale-Hubbell.

Areas of practice:

  • Casualty insurance
  • Civil litigation
  • Automobile torts
  • Premises liability
  • Business disputes
  • Appellate representation

Admitted:

  • 1979, Massachusetts and U.S. District Court, District of Massachusetts
  • 1981, U.S. Court of Appeals, First Circuit

Education:

  • J.D., cum laude, Boston College Law School, 1979
  • B.A., cum laude, College of the Holy Cross, 1975

Honors & awards: Phi Alpha Theta

Mr. Dowd’s appellate and other reported decisions include the following:

American National Fire Ins. Co. v. York County, 2007 U.S.Dist.LEXIS 81150, aff’d 2007 U.S.Dist.LEXIS 93183 (D. Me. 2007) (Per claim deductible applied to each individual member of class action.)

Armstrong v. Carlyle Construction Co., Inc., 532 F.Supp. 939 (D. Mass. 1982) (Judgment dismissing claims on statute of limitations basis affirmed. Court rejected request to retroactively apply Ferriter v. Daniel O’Connell’s Sons, Inc.) 1982 U.S.Dist.LEXIS 11023

Fireman’s Fund Insurance Co. v. Blais, 14 Mass.App. 254 (1982) (Affirmed declaratory judgment in favor of our client that excess insurer was excused from coverage where insured had failed to maintain the entire amount of agreed upon primary insurance.) 1982 Mass.App.LEXIS 1408

Greater Boston Cable Corp. v. White Mountain Cable Construction Corp., 414 Mass. 76 (1992) (Contractual indemnity liability to third party could not be shifted to negligent contractor without effective written agreement.) 1992 Mass.LEXIS 633

General Electric Co. v. Parker, (unreported) Mass.App.Ct. No. 80-809 (1980) (Affirmed dismissal of implied indemnity claim in favor of client due to workers’ compensation bar and Plaintiff’s own negligence.)

Gynan v. Jeep Corp., 13 Mass.App.Ct. 504 (1982) (Upheld directed verdict after Plaintiff’s opening where Plaintiff had no expert evidence to support products liability action. Counsel fees awarded to Defendant.) 1982 Mass.App.LEXIS 1304

Jepson, Admr. V. Vlahos Brothers, Inc., 39 Mass.App.Ct. 1009, 653 N.E.2d 210 (1995) (Affirmance of trial judgment for client in wrongful death case.)

Kahn v. Royal Insurance Company, 429 Mass. 572, 709 N.E.2d 822 (1999) (Application of functional choice of law rule to impose Florida State of Limitations which barred underinsured motorist claim against client.) 1999 Mass.LEXIS 214

Mass. Insurers Insolvency Fund v. Continental Casualty Co., 399 Mass. 598 (1987) (Established “drop down” of excess insurer upon insolvency of primary insurer, thereby relieving client of responsibility for the loss.) 1987 Mass.LEXIS 1220

Mass. Insurers Insolvency Fund v. Redland Ins. Co., 72 Mass.App.Ct. 1113, 2008 Mass.App.Unpub.LEXIS 546 (2008) (Public officials liability insurer at time of third suit against town deemed covered by carrier at time suit filed rather than client with policy at time of prior suits.)

Metropolitan Leasing Co., Inc. v. Pacific Employers Insurance Co., 36 Mass.App.Ct. 536 (1994) (Reversal of judgment in favor of insured, Appeals Court held that client third-level excess carrier did not “drop down” upon insolvency of second-level carrier.) 1994 Mass.App.LEXIS 533

O’Rourke v. City of Boston, (unreported) Mass.App.Ct. No. 84-104 (1984) (Affirmed summary judgment for client establishing c. 231 §85A not applicable to impose prima facie liability upon the registered owner of an auto when the driver did not have authority to pick up guest passengers.)

Pelletier v. Town of Somerset, 458 Mass. 504, 2010 Mass.LEXIS 933 (2010) (Reversal of multi-million dollar judgment against client in sexual discrimination case.)

Royal-Globe Insurance Company v. Craven, 411 Mass. 629, 585 N.E.2d 315 (1992) (Reversal of judgment for insured. The Supreme Judicial Court held that first notice of accident four months after loss was untimely and barred uninsured motorist claim, irrespective of prejudice to the insurer or lack thereof.) 1992 Mass.LEXIS 23

Royal-Globe Insurance Company v. Riccio, (unreported) Mass.App.Ct. No. 80-825 (1980) (Judgment for carrier that insured driver not entitled to uninsured motorist coverage while operating vehicle which he regularly used.)

Royal Globe Insurance Co. v. Schultz, 385 Mass. 1013, 1982 Mass.LEXIS 1417 (1982) (Reversal of trial court judgment against carrier established that a MoPed was an “automobile” which was regularly used and thus excluded from underinsured motorist coverage under standard Massachusetts motor vehicle policy.)

Royal Insurance Company of America v. Scotti, (unreported) Mass.App.Ct. No. 83-370 (1983) (Insurance coverage deemed not subject to arbitration under statute and judgment awarded to insurer on grounds of late notice.)

Thorson v. Mandell, 402 Mass. 744, 525 N.E.2d 375 (1988) (Reversal of $4 million verdict against client established beneficial principles of premises liability law.) 1988 Mass.LEXIS 187

Whittle v. Pagani Brothers Construction Co., 383 Mass. 796 (1981) (Court modified law relevant to indemnity contracts by employers of insured workers.) 1981 Mass.LEXIS 1317

35 Braintree Hill Office Park  •  Suite 103  •  Braintree, Massachusetts 02184  •  (617) 523-2990

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