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Nancy D. Adams

Member / Co-chair, Insurance Practice

[email protected]

+1.617.348.1865

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Nancy is a noted insurance coverage litigator with extensive experience representing primary and excess insurers on the business and legal implications of complex coverage issues involving commercial, transactional, and personal lines of insurance. Nancy serves as lead counsel in coverage litigation in state, bankruptcy, and federal courts across the country. With her vast knowledge of the insurance industry, she also advises companies on a wide range of risk management issues, frequently conducting exposure and risk analysis and assisting companies with implementing risk transfer mechanisms. Nancy frequently teaches, speaks, and writes on insurance-related topics.

Nancy has extensive experience representing and advising primary and excess insurers on the business and legal implications of a variety of complex coverage issues involving property and casualty and life insurance. Her experience includes representing insurers with respect to coverage disputes arising under directors and officers, professional liability, managed health care, life, aviation, fiduciary, financial institutions, crime, automobile, homeowners, and general liability policies. Nancy also has substantial experience advising clients with respect to potential coverage implications arising in the bankruptcy context. Her practice has involved representing insurers in state, bankruptcy, and federal courts across the country.

Nancy also has significant experience advising corporations and individuals in a wide range of risk management issues. Her experience includes conducting exposure and risk analysis and implementing insurance and other risk transfer mechanisms to address those exposures and risks. Nancy also regularly works with corporate boards preparing insurance program audits and reviews, drafting director/officer indemnity agreements to complement the company’s existing insurance program, identifying and addressing various insurance-related issues that arise in the road show and IPO context, and conducting insurance and indemnity due diligence for corporate transactions. Additionally, she counsels clients in potential risk factors arising from M&A activity, including those related to de-SPAC transactions.

Referred to by clients as “a figurehead in the Boston insurance community and beyond”, Nancy is deeply involved in various leading industry and trade organizations including a multiple year term as President of the Insurance Library Association of Boston (she is currently the Library’s General Counsel). She also served as an Executive Officer of the CPCU Society, President of the Boston Chapter of the CPCU Society, a Board Trustee of the PLUS Foundation and member of the New England PLUS Steering Committee.  She has previously authored the D&O Insurance chapter of the Business Law Section’s Annual Review and she is a co-author of the Declaratory Judgement chapter of the Massachusetts Liability Insurance Manual. She has spoken, published and chaired programs and publications for the Professional Liability Underwriting Society, the Business Insurance Conference and various state and national Bar Associations.

Nancy is a noted insurance coverage litigator with extensive experience representing primary and excess insurers on the business and legal implications of complex coverage issues involving commercial, transactional, and personal lines of insurance. Nancy serves as lead counsel in coverage litigation in state, bankruptcy, and federal courts across the country. With her vast knowledge of the insurance industry, she also advises companies on a wide range of risk management issues, frequently conducting exposure and risk analysis and assisting companies with implementing risk transfer mechanisms. Nancy frequently teaches, speaks, and writes on insurance-related topics.

Experience

  • Currently representing a New England-based mutual insurance company in a bad faith claim case pending in Rhode Island State Court.
  • Secured a rare reversal of summary judgment ruling in Massachusetts Appeals Court on behalf of a major multinational insurer, involving liability claims amounting to $30 million. The case involved the application of the Telephone Consumer Protection Act exclusion and regulatory disclosure requirements related to its enforceability. 
  • Represented a global insurer in a series of cyber liability claims in both state and federal court brought by various claimants alleging that an employee of a tax preparation service “stole” the identity of the claimants for the purpose of filing phony income tax returns.
  • Representing a diversified global insurer in connection with hundreds of sexual abuse claims asserted against Catholic dioceses and their parishes.
  • Serve as national coordinating coverage counsel for an insurer on a broad range of general liability claims, including concussion, environmental, and sex molestation claims
  • Successfully represented a global insurer in a complete dispute brought by a school district seeking insurance coverage under a commercial general liability insurance policy. The Mintz team prevailed in the Seventh Circuit Court of Appeals. 
  • Successfully represented a global insurer in a complex dispute brought by a former employee of its insured, seeking motorist coverage under an umbrella policy. The Mintz team prevailed in the First Circuit Court of Appeals.
  • Represented an insurer in parallel actions before the bankruptcy court and federal court in connection with claims for coverage brought by directors, officers, and corporate policyholders leading to a successful multiparty mediation. 
  • Defended an insurance holding company against alleged bad faith claims brought under M.G.L. chs. 93A/176D in connection with its handling and adjusting of a wrongful death claim. 
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viewpoints

Webinar Recording: Telehealth Risk Management

April 6, 2022 | Webinar | By Nancy Adams, Lara Compton, Todd Rosenbaum, Jennifer Rubin

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Mintz Members Adam Sisitsky, Nancy Adams, Jack Sylvia and Of Counsel, Kristen White discuss the rising risk of litigation and regulatory enforcement facing SPACs and the individuals that lead them. Topics will included the current SPAC litigation landscape, SPAC M&A–related litigation, including disclosure issues and breach of fiduciary duty in the de-SPAC process, D&O coverage challenges and risk mitigation and heightened SEC scrutiny.
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Court Holds Crime Policy Covers Business Email Compromise (BEC) Loss

July 24, 2017 | Blog | By Nancy Adams, Cynthia Larose

The "business compromise email" is what the FBI calls the "$5 billion scam," but apparently an insurance company did not agree with an insured company that they had been the victim of a crime.
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Federal Court Dismisses (Without Prejudice) CNA’s Cyber Insurance Lawsuit

July 21, 2015 | Blog | By Cynthia Larose, Nancy Adams

We previously reported here that CNA filed a lawsuit against its insured Cottage Health System seeking reimbursement of amounts that it previously paid under Cottage’s cyber liability insurance policy.  
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Nearly a year has passed since the SEC announced that it would require admissions of wrongdoing as a condition of settling SEC charges in certain cases. Perhaps it can no longer be called a “new” policy. But lawyers are still wrestling with questions about the policy and its consequences – both intended and unintended.
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On the 12th Day of Privacy, ISO gave to me....

December 24, 2013 | Blog | By Cynthia Larose

The question is not whether a company will be the target of a data breach, but when. Verizon’s most recent Data Breach Investigation Report states that, in 2012, there were over 47,000 reported security incidents, which resulted in 621 confirmed data disclosures and at least 44 million comprised records. 
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News & Press

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BOSTON – Twenty-five Mintz attorneys have been named to Boston Magazine’s Top Lawyers list.
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Mintz is pleased to announce that 32 attorneys have been named Massachusetts Super Lawyers and 27 attorneys have been named Massachusetts Rising Stars for 2023.
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Benchmark Litigation has recognized 14 Mintz Members in its newly released 2024 guide to the leading litigation firms and lawyers in the US. The firm was also acknowledged for its work in Massachusetts and received high rankings across three practice areas, including General Commercial, Insurance, and White Collar.
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Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
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BOSTON – Mintz has earned top rankings in the 2023 edition of Legal 500 United States guide. The firm is recognized in 14 practice categories, and 59 individual attorneys are also recognized in the guide, some in more than one category.
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BOSTON - Mintz and ML Strategies were recognized with the prestigious Nicholas Humber Award for Outstanding Collaboration by the Environmental Business Council of New England (EBC) at the 30th Annual EBEE Awards in Boston.
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BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.
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In its second annual edition, 28 Mintz attorneys were named to Boston Magazine’s Top Lawyers list.
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35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.
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Benchmark Litigation has recognized 13 Mintz Members as “Litigation Stars” in its newly released 2023 guide to the leading litigation firms and lawyers in the U.S.
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Law360 reported that the Netherlands Insurance Co. and Excelsior Insurance Co. will not have to cover their client's multimillion-dollar settlement with an automobile glass manufacturer over alleged violations of the Telephone Consumer Protection Act after the Massachusetts Appeals Court reversed a lower judge's finding. The article noted that the insurers are represented by Mintz Member, Founder & Co-chair of the firm’s Insurance Practice Kim Marrkand, Member and Co-chair of the Insurance Practice Nancy Adams, and Associate Lavinia Weizel.
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Mintz Member and Co-chair of the firm’s Insurance Practice Nancy Adams was quoted extensively in an article published by Thomson Reuters Regulatory Intelligence detailing how companies going public through a merger with a special purpose acquisition company, or SPAC, are facing skyrocketing premiums for directors and officers’ liability coverage due to the higher risk of litigation and increased regulatory scrutiny. The article also quoted remarks made by Of Counsel Kristen White during a recent Mintz webinar exploring the rising risk of litigation and regulatory enforcement facing SPACs and the individuals that lead them.
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An article published by CFO Dive featured quotes from Mintz Member and Co-chair of the firm’s Securities Litigation Practice Jack Sylvia, Member and Co-chair of the firm’s Insurance Practice Nancy Adams and Of Counsel, Kristen White exploring the rising risk of litigation and regulatory enforcement facing special purpose acquisition company (SPAC)s and the individuals that lead them.
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Firm plays a key role in the largest health care acquisition to date in 2020.
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Mintz partner and Massachusetts lawyer Julie Korostoff is one of 49 attorneys recognized as “Leaders in Their Fields” by the 2018 Chambers USA: America's Leading Lawyers for Business guide. Chambers named Korostoff a “Recognized Practitioner” in Technology.
Fifty-one attorneys from Mintz have been named Massachusetts Super Lawyers for 2017 and thirty have been named Massachusetts Rising Stars.
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Best Lawyers named 85 Mintz attorneys to its 2018 list of The Best Lawyers in America. In addition, Mintz attorneys Matthew J. Gardella and Samuel M. Tony Starr were named “Lawyer of the Year” in their respective practice areas.
Fifty-three Mintz attorneys have been named Massachusetts Super Lawyers for 2016 and thirty-one have been named Massachusetts Rising Stars. The findings will be published in the November 2016 issue of Boston Magazine and in a stand-alone magazine, New England Super Lawyers. 
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Events & Speaking

Speaker
Aug
14
2023

2023 PLUS University

The Professional Liability Underwriting Society (PLUS)

Convene 311 W. Monroe Street Chicago, IL 60606

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Moderator
Feb
13
2023

2023 PLUS Transactional Risk Symposium

Professional Liability Underwriting Society

Marriott Marquis Hotel, 1535 Broadway New York, NY

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Speaker
Jan
26
2023

Transactional Risk Insurance Boot Camp

Professional Liability Underwriting Society

Virtual

Webinar Reference Image
Panelist
Sep
27
2022

Building Up Women Around You

PLUS Foundation

Boston, MA

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Speaker
Apr
14
2022

Insurance 101 for Lawyers

Social Law Library Webinar

Online

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Speaker
Apr
6
2022

Telehealth Risk Management

Mintz

Online Event

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Moderator
Feb
28
2022

Claims in a Maturing Market

2022 PLUS Transactional Risk Symposium

New York, NY

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Moderator
Nov
9
2021

Women in Insurance Panel Discussion

The Insurance Library

Virtual Event

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Oct
24
2019

Business Insurance Intellectual Property Conference

New York Marriott Marquis, New York, USA

Panelist
May
9
2019

American College of Coverage Counsel 2019 Annual Meeting

Emerging Liability

12 South Michigan Avenue, Chicago, IL 60603

Panelist
Nov
29
2018

Insurance Coverage and Practice Symposium

Sexual Abuse and Harassment Claims

Sheraton New York Times Square Hotel - New York City

Panelist
Nov
8
2018

2018 PLUS International Conference

Reps & Warranties: Trends & Challenges on the Immediate Horizon

Manchester Grand Hyatt - San Diego, CA 92101

Speaker
Oct
5
2018
Panelist
Sep
24
2018

PCI General Counsel Seminar

Cyber Insurance Legal Risk - Guarding your Galaxy

Royal Sonesta Boston - 40 Edwin H Land Blvd, Cambridge, MA 02142

Speaker
Apr
6
2017

PLUS Management & PL Symposium

PLUS

Hyatt Regency Chicago, IL

Speaker
Nov
30
2016

Cyber & Data Risk Insurance Conference

American Conference Institute

Park Central Hotel San Francisco, CA

Speaker
Oct
25
2016

M&A Liability

American Conference Institute

Andaz Wall Street New York, NY

Speaker
Jul
27
2016

National Forum on Directors & Officers and Management Liability

American Conference Institute

The Carlton Hotel, New York, NY

Speaker
Jun
29
2016

ACI's National Forum on Transactional Insurance

American Conference Institute

The Carlton Hotel New York, NY

Panelist
May
3
2016

ExecuSummit's 2016 Inaugural Reps & Warranties & Transactional Liability Conference

ExecuSummit

Mohegan Sun Convention Center & Hotel Uncasville, CT

Guest Lecturer
Apr
27
2016

2016 Transaction Insurance Insights Forum-New York

Advisen

Latham & Watkins, 885 Third Avenue, New York, NY

Panelist
Mar
31
2016

ACI's Cyber & Data Risk Insurance Conference

American Conference Institute

Wyndham Grand Chicago Riverfront, Chicago, IL

Speaker
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Nancy is a noted insurance coverage litigator with extensive experience representing primary and excess insurers on the business and legal implications of complex coverage issues involving commercial, transactional, and personal lines of insurance. Nancy serves as lead counsel in coverage litigation in state, bankruptcy, and federal courts across the country. With her vast knowledge of the insurance industry, she also advises companies on a wide range of risk management issues, frequently conducting exposure and risk analysis and assisting companies with implementing risk transfer mechanisms. Nancy frequently teaches, speaks, and writes on insurance-related topics.

Recognition & Awards

  • Chambers USA: Massachusetts – Insurance (2017-2023)

  • Best Lawyers in America: Insurance Law (2017 – 2024)

  • Best Lawyers in America: Reinsurance Law (2024)

  • Benchmark Litigation: Litigation Star, National-Insurance (2020 – 2024)

  • Massachusetts Lawyers Weekly: Top Women of Law Honoree (2020)

  • Massachusetts Super Lawyers: Insurance Coverage (2014 – 2023)

  • Boston Magazine Top Lawyers – Insurance (2022-2023)

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Nancy is a noted insurance coverage litigator with extensive experience representing primary and excess insurers on the business and legal implications of complex coverage issues involving commercial, transactional, and personal lines of insurance. Nancy serves as lead counsel in coverage litigation in state, bankruptcy, and federal courts across the country. With her vast knowledge of the insurance industry, she also advises companies on a wide range of risk management issues, frequently conducting exposure and risk analysis and assisting companies with implementing risk transfer mechanisms. Nancy frequently teaches, speaks, and writes on insurance-related topics.

Involvement

  • Fellow, American College of Coverage Counsel
  • Board of Trustees, PLUS Foundation
  • Former President of the Board of Trustees and General Counsel, Insurance Library Association of Boston
  • Member, Education Committee, PLUS
  • Former Executive Officer, CPCU Society
  • Past president, CPCU Society Boston Chapter
  • CPCU Instructor, “The Legal Environment of Risk Management and Insurance,” “Commercial Liability Risk Management and Insurance,” “Financial Services Institutions,” and “Personal Lines”
  • Past Member, Steering Committee, PLUS New England Chapter
  • Member, American College of Insurance and Extra Contractual Counsel
  • Member, American Bar Association
  • Member, Professional Liability Underwriting Society (PLUS)
  • Member, International Association of Defense Counsel (IADC)
  • Member, Massachusetts Bar Association
  • Member, Women’s Bar Association
  • Member, Boston Bar Association
  • Fellow of the American Bar Foundation
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Nancy D. Adams

Member / Co-chair, Insurance Practice

Boston