Jonathan Small

Jonathan E. Small

Associate

Jonathan E. Small

Associate

  • Overview

    Biography

    Jonathan Small is a senior associate who represents clients in complex commercial litigation. He focuses his practice on unfair business practices claims, insurance coverage disputes, class action lawsuits, and appeals. Mr. Small is a member of the firm’s Litigation Section, Insurance + Reinsurance Group, and Appellate Group. He is also a regular contributor to the firm’s Massachusetts Appellate Blog.

    Prior to joining Robinson+Cole, Mr. Small was a litigator in the Boston office of Goulston & Storrs. There, he represented real estate developers, real estate investment trusts, large law firms, and other sophisticated business clients in complex commercial litigation. Mr. Small joined Goulston & Storrs after completing a judicial clerkship with Judge Lynn Leibovitz at the District of Columbia Superior Court.

    During law school, Mr. Small represented clients through Georgetown University Law Center’s Institute for Public Representation, Civil Rights Division, which serves individuals and groups who are unable to obtain effective legal representation on matters that have a significant impact on issues of broad public importance. Prior to law school, he served as an AmeriCorps VISTA providing tax and benefit counseling to low-income families to help them claim benefits and build household savings.

    Mr. Small maintains an active pro bono practice. He represents victims of domestic abuse through the firm’s Domestic Violence Restraining Order program. He also represents immigrant children in deportation proceedings and coordinates the firm’s trainings and referrals on these cases from Kids In Need of Defense and the Center for Children’s Advocacy.


     

  • Experience
    • Experience

      Experience

      • Successfully briefed precedent-setting liability insurance and unfair claims settlement practices case in the U.S. Court of Appeals for the First Circuit, establishing that an insurer has no duty to defend where no lawsuit had been filed against the insured, that a demand letter under Mass. Gen. L. ch. 93A does not trigger a duty to defend, and that there is no duty to settle where the insured asserts a novel theory of liability.

      • Successfully briefed and argued professional liability and unfair business practices case in the Massachusetts Appeals Court, clarifying the standard for evaluating the “case-within-a-case” proof in a professional malpractice suit arising out of an underlying litigation. 

      • Obtained dismissal of commercial liability insurance and unfair claims settlement practices case in the U.S. District Court for the District of Massachusetts, in which the plaintiff sought $15 million in damages arising out of a construction accident. Briefed the appeal to the U.S. Court of Appeals for the First Circuit. The appeal is pending.

      • Successfully moved to strike defamation and related claims because those claims were barred by the litigation privilege and obtained summary judgment on contractual claims arising out of a Connecticut fire loss. Briefed the appeal to the Connecticut Appellate Court. That appeal is pending.

      • Briefed and won summary judgment in commercial property insurance case in the U.S. District Court for the District of Massachusetts, defeating unfair claim settlement practices and insurance coverage claims arising out of tornado damage at a hotel.

      • Obtained judgment of no liability after a bench trial in an inter-insurer coverage dispute in the U.S. District Court for the District of Massachusetts, involving multiple layers of commercial general liability and commercial automobile insurance policies implicated in a construction accident.

      • Sought and won dismissal of a commercial property and unfair claims settlement practices case in U.S. District Court for the District of Massachusetts, arising out of a commercial property fire loss.

      • Represented insurance company in a 7-day Massachusetts reference proceeding involving claims for building damage and business income losses arising out of a roof collapse at a commercial building in Massachusetts.

      • Successfully briefed and argued for dismissal of a wrongful death action brought in Massachusetts Superior Court, seeking in excess of $2 million arising out of a motor vehicle accident that occurred in Puerto Rico.

      • Represented insurance company in a Massachusetts reference proceeding involving alleged structural damage to a two hundred plus year old residential property. 

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    • Professional Associations

      Professional Associations

      American Bar Association

      Boston Bar Association

      Connecticut Bar Association
  • NEWS + PRESS