Jonathan Small is a senior associate who represents clients in complex commercial litigation. He focuses his practice on property and liability insurance coverage and bad faith litigation, appeals, and class actions. He is a member of the firm’s Litigation Section, Insurance + Reinsurance Group, and Appellate Group.
Property Insurance Coverage and Bad Faith Litigation
Mr. Small has extensive experience litigating and advising clients on complex property insurance coverage issues and allegations of bad faith and unfair claims settlement practices arising out of large property losses. He has won pretrial dismissal of numerous property insurance lawsuits, including lawsuits asserting extra-contractual damages, such as those available in Massachusetts under Chapter 93A and in Connecticut under the Connecticut Unfair Trade Practices Act (CUTPA) and Connecticut Unfair Insurance Practices Act (CUIPA). He also has successfully represented parties in Massachusetts reference proceedings involving large property losses. Mr. Small is adept at working with expert witnesses in connection with these cases, including structural engineers, mechanical engineers, electrical engineers, cost estimators, appraisers, and forensic accountants.
Liability Insurance Coverage and Bad Faith Litigation
Mr. Small is also experienced at litigating and advising clients on complex liability insurance coverage issues and allegations of bad faith and unfair claim settlement practices involving significant liability and professional liability claims. He has won pretrial dismissals of numerous liability insurance lawsuits, including two precedent setting liability cases that were affirmed on appeal to the First Circuit Court of Appeals.
Mr. Small maintains an active appellate practice, primarily focused on insurance and unfair business practices cases. He has successfully briefed two precedent-setting liability insurance and bad faith cases in the First Circuit Court of Appeals. He has also argued and won appeals in the Massachusetts Appeals Court involving Chapter 93A claims and putative class actions, and the Connecticut Appellate Court involving CUTPA/CUIPA and related unfair business practices claims. Mr. Small is a regular contributor to the firm’s Massachusetts Appellate Blog.
Mr. Small has represented insurers and other business clients in class action lawsuits in a number of substantive areas, including property insurance coverage, liability insurance coverage, and federal telecommunications statutes. In those cases, he has conducted class related discovery and defeated attempts at class certification at the trial and appellate levels.
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.
Prior to joining Robinson+Cole, Mr. Small was a litigator in a Boston law firm where he represented real estate developers, real estate investment trusts, large law firms, and other sophisticated business clients in complex commercial litigation. Prior to that, he completed 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.