Jonathan D. Mutch

Jonathan Mutch graduated with honors from Boston University School of Law in 1996 and joined Robins Kaplan LLP in early 2001. He is a senior partner in the firm’s Insurance and Catastrophic Loss Litigation Group. Jon has over twenty-five years of experience in large loss insurance coverage matters. He has litigated matters ranging from Y2K, to the Twin Towers litigation, to flood and catastrophe claims, and current Covid-19 disputes.  

Jon has litigated in state and federal courts nationwide, regularly representing insurers in high-profile, first party property coverage disputes, bad faith actions, and recovery matters. Jon’s practice includes providing advice to insurers on policy wording and new form development. He also defends product testing and certification companies against claims of engineering negligence and business practice disputes, and has served as a National Coordinating Counsel on various matters for one of his firm’s largest clients.

Jon’s cases have included losses at commercial property, manufacturing, pharmaceutical, power generation, transportation, and warehouse operations. He has litigated issues such as the meaning of physical loss or damage, whether a first party property policy must pay expenses to mitigate the mere “risk” of damage, application of faulty workmanship exclusions, process and contamination exclusions, fraud in the presentation of a claim, and many time element coverage matters. 

• Twenty-five years of experience in large loss insurance coverage matters ranging from Y2K to World Trade Center to current Covid-19 disputes.
• Regularly represents insurers in high-profile, first party property coverage disputes, bad faith actions, and recovery matters.  
• Provides advice to insurers on policy wording.  
• Defends product testing and certification companies against claims of engineering negligence and business practices disputes.
• Served as National Coordinating Counsel on various matters for one of our firm’s largest clients.
• Currently serving as pro bono chair for the Robins Kaplan Boston office.

Education

• Boston University School of Law, J.D., cum laude (1996)
• Principia College, B.A., Chemistry and Political Science (1990)

Representative Matters

Samil Flontech v. FM Approvals, LLC, No. 1:21-cv-00083 (2021), United States District Court, District of Rhode Island. Represented FM Approvals in defense of action seeking preliminary injunction, declaratory relief and monetary damages regarding product testing and certifications.  

Roche Bros. Supermarkets v. Continental Cas. Co., No. 2017-0159-BLS1 (2017), Massachusetts Superior Court, Business Litigation Session. Obtained Order dismissing insured’s action for failure to state claim on grounds of no physical loss or damage from alleged “risk” of collapse of roof.

Espedito Realty v. National Fire Ins. Co., 3:10-cv-30039 (2013), United States District Court, District of Massachusetts. Obtained summary judgment dismissing insured’s claim on grounds of fraudulent claim misrepresentation.

CFS Logistics, Inc. v. American Motorists Insurance Company, et. al., No. C.A. 12-217, R.I. Superior Court, Kent County (August 15, 2012). Obtained Rule 12(b)(6) dismissal of claims of covered loss to multi-million dollar military equipment under inland marine policy.

Tocci Bldg. Corp. v. Commonwealth Ins. Co., 22 Mass. L. Rep. 522 (Mass. Supr. Ct., May 10, 2007) aff'd 71 Mass. App. Ct. 1120 (2008) (Rule 1-28 order). Obtained summary judgment order applying faulty workmanship exclusion to preclude claims.

• Ranked "Band 3" in the Chambers USA Guide for Insurance in Massachusetts, Chambers USA (2024)
• Named a "Massachusetts Rising Star," Super Lawyers (2006-2008)

Professional

• Director, Federal Bar Association, Massachusetts 
• Co-Chair, AIPLA Moot Court Committee, Boston Patent Law Association
• American Bar Association
• Massachusetts Bar Association
• Boston Bar Association

Speeches

• Retrospective Look at Hurricane Ida
  Loss Executives Association 91st Annual Meeting & Educational Conference, Fort Lauderdale, Florida (February 3, 2022)
• Insurance Adjuster Ethics
  American Bar Association, San Antonio, Texas (May 9, 2015)
• Insurance Adjuster Ethics
  Loss Executives Association, Tampa, Florida (January 24, 2013)
• Ediscovery
  In-House Training for Insurance Adjusters, Chicago, Illinois (May 18, 2010)
• The Attorney-Client Privilege – Navigating Recent Decisions and How They Affect Your Technology Company
  American Bar Association, Boston, MA (April 29, 2008)

Media Mentions

• “Judge Dismisses Pharmaceutical Manufacturer's $30M Business Interruption Coverage Claims Over Damaged Pfizer Drug,” ALM (August 19, 2024)
• “2nd Circ. Critical of Electronics Co.'s COVID-19 Loss Case,” Law360 (June 26, 2024)
• "Insurer Freed From Electronics Co.'s $100M COVID-19 Suit," Law360 (April 24, 2023)