Insurers choosing defense counsel need more than a lawyer willing to take the case. They need a firm with the trial record to make every claim defensible, the judgment to know which cases should settle and which should be tried, and the discipline to manage a case efficiently from first notice through resolution. Egan, Flanagan and Cohen has served as trial counsel for major insurers across Western Massachusetts for generations, including insurers of hospitals and healthcare providers, physicians, car dealerships, small businesses, construction firms and contractors, and corporate directors and officers, as well as auto and homeowners insurers and we defend every matter we take vigorously, through trial and appeal.

A trial record insurers can rely on.

Litigation counsel is only as valuable as its credibility in front of a jury, and few firms in Western Massachusetts can match ours. Our litigation team has tried hundreds of cases to verdict in Massachusetts state and federal court, argued before the Massachusetts Supreme Judicial Court, the Massachusetts Appeals Court, the First Circuit Court of Appeals, and the United States Supreme Court. That record isn’t incidental to our defense work: opposing counsel and plaintiffs’ firms know it, and it shapes how cases against our clients are litigated and, often, how they’re resolved, because insurers who retain us send a clear signal that they’re prepared to try a case to verdict, not simply settle to avoid one. 

The deepest medical malpractice and healthcare liability defense bench in the region.

Our medical malpractice and healthcare liability defense practice is helmed by Attorney Kevin C. Giordano, who has spent more than 40 years at the forefront of legal representation for physicians, hospitals, nurses, and other health care providers in Western Massachusetts. Attorney Giordano has served as lead counsel in more than 90 civil jury trials in Massachusetts state and federal courts, and his practice reaches beyond the courtroom into the regulatory proceedings that so often accompany a malpractice claim, including licensure matters, quality of care investigations, and proceedings before the Massachusetts Board of Registration in Medicine, the Board of Registration in Nursing, and the Board of Registration of Allied Health Professionals. He is also a trained mediator, certified through Pepperdine University’s Straus Institute for Alternative Dispute Resolution, giving our clients a defense team equally capable of trying a case to verdict or resolving it through skilled negotiation when that serves the client better. That combination of trial depth and regulatory fluency is difficult to find in a single practice, and it means our clients get defense counsel who understands not just how to try a healthcare liability case, but how the entire regulatory landscape around it operates.

Defense across the commercial risk that keeps insurers up at night.

Beyond healthcare, our attorneys regularly defend the commercial and professional liability claims that make up the bulk of an insurer’s litigation exposure. We defend small businesses and family-owned companies in general liability and commercial disputes, construction firms and contractors in defect, injury, and property damage claims arising from residential and commercial projects, and corporate directors and officers in D&O claims, including claims brought against the boards of closely held businesses and non-profit institutions, where the intersection of governance duties and personal liability requires particular care. Across all of these areas, our clients benefit from attorneys who understand the underlying industry as well as the law that governs it.

Litigation management built for how insurers actually work.

We understand that defense counsel is an extension of an insurer’s claims operation, not a separate function. Our attorneys provide early, candid case evaluation so claims professionals can set reserves accurately and make informed decisions about litigation strategy from the outset. We work within litigation budgets and reporting requirements, communicate proactively on case developments, and make deliberate, cost-conscious decisions about discovery, motion practice, and expert engagement, reserving aggressive litigation posture for the cases that call for it, and resolving the ones that don’t. Insurers who work with us get a defense partner who treats their litigation spend with the same discipline they expect from their own claims department.

Defense experience across the industries that matter to our clients:

  • Medical Malpractice and Healthcare Liability Defense
  • Directors and Officers (D&O) Liability Defense
  • Auto Liability Defense
  • Homeowners and Premises Liability Defense
  • Commercial and Small Business Liability Defense
  • Construction and Contractor Liability Defense
  • Products Liability Defense
  • Professional Liability Defense

Vigorous defense, from first notice through appeal.

We defend insurers and their policyholders at every stage of a claim. Whether the matter is a routine auto liability claim or a complex, high-exposure healthcare or D&O case, Egan, Flanagan and Cohen brings the trial experience, industry-specific knowledge, and litigation discipline that insurers rely on to protect their policyholders and manage their risk.