James J. Duane, III

James J. Duane III is highly regarded by insurers as an expert well-versed on the intricate legal issues related to their handling of claims for insurance coverage. Mr. Duane excels at thoroughly analyzing and evaluating cases at their outset, and advising clients on winning strategies and potential resolutions, including alternative dispute resolution.

In addition to providing out-of-court advice, Mr. Duane represents insurers in lawsuits, including declaratory judgment actions seeking policy coverage and alleging bad faith claims handling. He has extensive trial experience in professional liability, employment, personal injury, and business matters. Mr. Duane is also experienced in various forms of alternative dispute resolution, including mediation and arbitration. He has lectured in the fields of trial practice, insurance coverage and bad faith, and medical risk management.

Mr. Duane has appeared before federal trial courts in New Hampshire, New Jersey, New York, Pennsylvania and Rhode Island. In addition, he has handled cases before state courts in California, Delaware, Minnesota, New Jersey, New York, Massachusetts, Rhode Island and Texas. He has also appeared before the Massachusetts Commission Against Discrimination, including successfully defending a client in a public hearing against an age bias claim.

Since 1997, Mr. Duane has maintained an AV rating in the Martindale-Hubbell National Law Directory, the highest rating available for legal ability and ethical standards. Mr. Duane is included in the 2011 Massachusetts Super Lawyers. 

Representative Accomplishments

Over the course of his career, Mr. Duane has achieved a number of noteworthy accomplishments in and out of the courtroom. For example, he persuaded a panel of the Massachusetts Appeals Court that the firm's insurance carrier client did not have to defend a restaurant against a personal injury claim resulting from an accident miles away from the restaurant’s premises. He was able to show the panel that a “designated premises” clause in his client’s commercial general liability insurance policy precluded coverage for the accident.  

Mr. Duane won summary judgment for an insurer when he convinced a Massachusetts Superior Court judge that a multi-million dollar claim for malicious prosecution and false imprisonment was not covered by any of his client's policies. He recently persuaded a federal judge in Massachusetts to rule that a liability insurance policy and related umbrella policy did not preclude a carrier’s duty to defend a major food industry franchisor in a premises liability and personal injury lawsuit.

In another insurance coverage matter, Mr. Duane obtained summary judgment on behalf of an insurance carrier denying coverage for an underlying emotional distress claim. In that case, he persuaded a Massachusetts Superior Court judge to rule that the policy unambiguously excluded coverage because it only covered bodily injuries and did not include psychological or emotional harm.

In a complicated case involving workers' compensation premiums, he successfully prevailed at trial against a breach of contract counterclaim for money damages, and a claim under the Massachusetts consumer protection statute. In that case, he also recovered unpaid six-figure premium payments on behalf of the insurance carrier.

In other Massachusetts consumer protection actions, he successfully defended a real estate brokerage firm and individual broker, and he successfully defended against a professional liability claim. In a civil rights action, Mr. Duane persuaded a trial court judge at the close of plaintiff’s evidence to dismiss all claims against a municipality for alleged police brutality.

Clerkships

Mr. Duane served as a law clerk in 1978-79 for U.S. District Court Judge Roszel C. Thomsen in the U.S. District Court of Maryland.

Professional and Civic Affiliations

Mr. Duane is a member of the Massachusetts Bar Association, American Bar Association and Defense Research Institute. He devotes an extraordinary amount of time to volunteering for various community organizations. Mr. Duane is vice president of Friends of Metro Boston, which is devoted to providing recreational opportunities to people with mental illness. He was vice president (2006-08) and a member of the Executive Committee (2004-08, 2010-present) of the Esplanade Association, as well as chair of the Charlesbank Renewal, Governance and Ad Hoc Personnel committees. He is a board member of Friends of Teddy Ebersol's Red Sox Fields (2006-present). He is Lector, Eucharistic Minister, and Head of Marriage Preparation Program at St. Joseph’s Church. Mr. Duane previously served on the Counsel of Advisors for the Hill House Community Center. He somehow found the time to also serve as a youth sports coach (1988-99).

Mr. Duane is devoted to helping educational institutions, as well, serving on the Board of Trustees of Lehigh University (1980-83, and 1998-2010), his undergraduate alma mater. He was elected Trustee Emeritus in 2010. He also chaired the university’s Audit Committee (2000-02) and chaired the Student Affairs Committee (2002-10). He served on the Board of Trustees of The Learning Project Elementary School (1994-2003), and as Chair of the school’s Personnel Committee (1994-2003), and continues to serve on its Committee on Trustees, Planning Committee, and as chair of its Board of Visitors.

Awards

• Lehigh University created the James J. Duane III Admission Graduate Assistanship fellowship award, which is given annually
• Lehigh University named the Student Life Leadership award after Mr. Duane
• The Esplanade Association in 2010 named him an Esplanade Centennial Luminary
• The Massachusetts Department of Mental Health presented a Volunteer Award to Mr. Duane for his years of work devoted to providing recreational opportunities to people with mental illnesses