Derek M. Gillis authored the article, “Rawan v. Continental Casualty Company and the Future of Consent-to-Settle Litigation,” for the Massachusetts Defense Lawyers Association’s (MassDLA) newsletter.
The article explores the Supreme Judicial Court’s unanimous opinion in Rawan v. Continental Casualty Company, 483 Mass. 654 (2019). Derek and colleagues filed an amicus brief on behalf of the MassDLA in support of Continental Casualty Company advocating for the enforceability of consent-to-settle provisions. Derek’s article provides background and analysis of the opinion, which he in particular notes that, “[T]he headline holding in Rawan was welcomed and well-reasoned. The framework for the factual analysis in future cases, however, may mitigate the positive impact of the holding. Practitioners and insurers should use the Rawan opinion as a guide to lower the Chapter 93A/176D risk for any future issues involving a non-consenting insured.”
The Massachusetts Defense Lawyers Association is a voluntary association of trial lawyers who defend corporations, individuals and insurance companies in civil lawsuits. The purpose of the MassDLA is to improve professional standards, the administration of justice, and legal education, and to promote collegiality and civility among all members of the bar. Although the organization is based in Massachusetts, members conduct business and serve clients throughout the United States and abroad.
Derek litigates in the healthcare, real estate, and insurance coverage industries and advises clients engaged in wide-ranging business disputes. From Fortune 500 companies to small businesses to individuals, he achieves favorable results in the state and federal courts of Massachusetts and Rhode Island and negotiates cost-saving resolutions for clients. Derek also maintains an appellate practice in all subject matters. In addition to being a member of the MassDLA, he is a member of the Claims and Litigation Management Alliance.
About Barton Gilman
Barton Gilman serves clients throughout the Northeast with offices in Boston, Providence and New York, offering legal services in a wide variety of matters, including medical and other professional liability defense, premises liability and business litigation, as well as education law, employment, family law, insurance coverage, trusts and estates, criminal defense, corporate formation and intellectual property. The firm and its attorneys have received numerous awards and accolades, including Best Lawyers, Best Law Firms, Best Places to Work Rhode Island, Outstanding Philanthropic Business, the Common Good Award, and Super Lawyers.