Profile
Phillip M. Howe Esq.
Current Employment
  • Company:
    ARIAS-U.S. Certified Arbitrator
Credentials
  • Attorney:
    Yes
  • Education:
    College of the Holy Cross, Bachelors in History

    George Washington University Law School, J.D.
  • Degrees:
    College of the Holy Cross, Bachelors in History

    George Washington University Law School, J.D
  • Other Information:
    Admitted to practice law in Massachusetts and California.
Work Experience
  • Insurance Company: 12 years.
    Legal Department: 12 years. Associate Counsel and Assistant Secretary
  • Law Firm (Insurance/Reinsurance Practice): 33 years.
    Partner: 3 years. Partner in CA and in Boston law firms
    Associate: 3 years. Associate in CA firm
    Counsel: 27 years. Of Counsel in CA and Boston law firms
Breakdown of Experience
  • Life
    30%
  • Bad Faith/ECO
    30%
  • Accident & Health
    20%
  • Long Term Disability
    10%
  • Automobile Liability/Property
    5%
  • Disability
    5%
By Market
  • U.S. Market:
    100%

Insurance vs. Reinsurance: 0/0%
Treaty vs. Facultative Reinsurance: 0/0%

Mediation Experience
  • Number of Mediations
    As Mediator: 10
    As Counsel: 10
Biography

QUALIFICATIONS
Extensive litigation experience in a variety of areas of practice over 48 years.
• Life, disability, automobile, health, homeowners, property and casualty insurance including defending claims of bad faith.
• Other areas including condominium, construction, medical malpractice, personal injury, real estate litigation, and trials in state and federal courts.

Extensive experience in Insurance Litigation
• Insurance Bad Faith Litigation
Has successfully represented clients in bad faith litigation including:
• Summary judgment for disability insurer on all bad faith and consequential damages of approximately $5 million.
• Rescission of policy resolved without litigation, misrepresentation in the application for life insurance.
• Successful defense of the termination of a life insurance general agency contract at the discretion of the principal without bad faith.
• Reported Decisions
• Trial judgment for the insurer on all claims, disability insurance, fraudulent claim. Martin Roche v. Provident Life & Accident, Affirmed in the Appeals Court, 40 Mass. App. Ct. 1103, 661 N.E. 2d 129 (1996).
• Trial judgment of no bad faith in an annuity termination, Foisy v. Royal Maccabees Life Insurance Company, 241 F. Supp. 2d 65, 2002 U.S. District MA, 2002 LEXIS 25077.
• Trial judgment for life insurer, suicide defense and no coverage under conditional receipt. Second chair at trial, Progressive Enterprises v. New England Life 538 F. 2d 1057 (4th Cir. 1976).
• Trial judgment for life insurer, murder, fraud in the application, rescission. Second chair at trial. Calvert v. New England Life 459 F. Supp. 979 (EDMO, 1978), 605 F. 2d 421, (8th Cir. 1979).
• Trial judgment for insurer, no bad faith automobile insurance action, Orange County, CA
Superior Court, 1986; Miller v. U.S.A.A. 213 Cal. App. 3d 222, 261 Cal. Rptr. 515 (1989).
• Summary judgment for multiple disability insurers and on counter-claim for fraud, recovered approximately $750,000 for the insurers in U.S. District Court, Boston, Great West Life Assurance et al. v. Omar Zaki, , 187 F. 3d 622 (DCMA, 1998); Affirmed First Circuit Court of Appeals;, 201 F. 3d 427 (1st Cir. 1999).

Publications.
Has published his own quarterly newsletter on insurance decisions for over thirty years and has published numerous articles including:
• Drones and Civil Surveillance, CLE 1 hour video, Attorney Credits.com, June 28, 2016.
• Misrepresentation in the Life Insurance Application, 68 Massachusetts Law Review 73.
Article on U.S. Supreme Court decision, Goodyear v. Haeger. D.R.I. The Voice, May 17, 2017.
• Articles on CA Supreme Court decision in Facebook decision discussing the discovery via subpoena of social media content, DRI Life, Health and Disability, Vol. 29, Issue 3, page 3, October 16, 2018 and on Texas decision on Obamacare, Vol. 30, Issue 1, page 3, March 30, 2019.

Managing litigation nationwide
House counsel for 12 years for an insurer which issued individual and group life, health, disability insurance and annuities.

Presentations.
He has for many years presented at the Eastern Claims Conference including the Mock trial, 2016 and 2017; the International Claims Conference Annual Meetings, 2010 to 2015 including “Suicide – The Nuts, Bolts and Nooses” 2011; the Western Claims Conference from 2010 to 2013 including in 2010, “The Economic Causes of Disability”; the Affordable Care Act at the 2017 Annual Meeting of the International Claims Association including “Obama Care, Where It Is and Where It Might Be”; and several American Conference Institutes including “Litigating Disability Insurance Claims”, 2009.

Community Involvement
Has a commitment to pro bono practice and had for years been active in Boston with the Volunteer Lawyers Project representing the indigent in Social Security Disability Claims and in Bankruptcy. Has also for years participated in the Dial-a-Lawyer Program, a once a month call-in run by the Massachusetts Bar Association.

Fitness
Runs 20 miles per week, skis, lifelong commitment to fitness.

CHRONOLOGICAL WORK EXPERIENCE
. Private practice in Boston.
• Until July 2019, special counsel to the CA law firm of LTL Attorneys, LLP.
• Lecomte, Emanuelson & Doyle (MA) 1993-2016.
• Kaplan & Emmer (MA) 1988-1993
• Kornblum, Kelley & Herlihy (CA) 1986-1987.
• Adams, Duque & Hazeltine (CA) 1982-1985.
• New England Life Law Dept. (MA) 1970-1982

EDUCATION
• George Washington University Law School (J.D., 1970)
• Holy Cross College (B.A., 1967)

BAR MEMBERSHIP – Massachusetts and California.