Robinson Cole LLP
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John E. O’Brien, Jr. oversees the investigation of large property losses for property insurers (as well as self-insured entities and high deductible policyholders) in claims arising from fires, explosions, water leaks, water intrusion, flooding, equipment failure, and weather-related damage including catastrophe ‘CAT’ losses, i.e., wind, rain, snow, and freeze events.

John handles litigation on behalf of property insurers and their policyholders against a range of defendants, such as service companies, architects, engineers, developers, general contractors, subcontractors, and product manufacturers. He frequently handles matters related to defects in household appliances, building systems, medical laboratory equipment, and industrial equipment. He has extensive experience litigating cases involving breach of contract, breach of express and implied warranties, products liability, construction defects, professional malpractice, and negligence, including violations of standards of care found in codes, standards and industry practices.

His subrogation recoveries for insurers have arisen from a wide range of subject matters including electrical systems (residential, commercial, and power transmission), electronics, sprinkler systems, fire alarm systems, roofing systems, domestic and industrial plumbing systems, HVAC (heating, ventilation, and air conditioning) systems, and municipal water/sewer mains.

John’s subrogation work includes complex issues, such as metallurgical defects, plastics formulation and molding, civil and geotechnical engineering deficiencies, and mechanical engineering design deficiencies.

  • University of Connecticut School of Law (Juris Doctor, with honors)
  • Boston College (Bachelors)
    • B.S., Business

  • Commonwealth of Massachusetts
  • U.S. Court of Appeals, 1st Circuit
  • U.S. District Court, District of Massachusetts

American Bar Foundation
Fellow

Massachusetts Bar Association (1998 - present)

Boston Bar Association (1998 - present)

American Bar Association (1998 - present)

National Association of Subrogation Professionals (2005 - present)
 

Pan Massachusetts Challenge (PMC)
Volunteer Crew Leader (2002 - present)
 

Experience


Large Loss Subrogation: Marine Terminal Damage

Prosecuted insurance subrogation claim for damage to marine terminal caused by breakaway.

Large Loss Subrogation: Total Destruction By Fire of Luxury Home

Prosecuted insurance subrogation claim for total destruction by fire of newly renovated luxury home. Dispute centered on the extent of a general contractor's liability for negligent conduct of a subcontractor.

Large Loss Subrogation: Water Main Failure

Prosecuted insurance subrogation claim against municipal utility contractor for failure of a 16-inch water main that flooded two commercial buildings in the City of Boston.



Publications


Spring/Summer 2011

Privacy Concerns in Property Subrogation

Subrogator

The article explores the role of subrogation professionals in preventing disclosure of personal and/or confidential information of an insured to outside parties.

August 3, 2010

Subrogation Waiver Applies after Construction Concludes

Massachusetts Lawyers Weekly

Quoted in article   

Spring/Summer 2007

Duty to Report a Fire

Subrogator
Spring/Summer 2011

Privacy Concerns in Property Subrogation

Subrogator

The article explores the role of subrogation professionals in preventing disclosure of personal and/or confidential information of an insured to outside parties.

August 3, 2010

Subrogation Waiver Applies after Construction Concludes

Massachusetts Lawyers Weekly

Quoted in article   

Spring/Summer 2007

Duty to Report a Fire

Subrogator

News


February 11, 2016

Robinson+Cole Lawyers Join Annual Walk to the Hill

Katherine C. Bailey, Kendra L. Berardi, Lawrence P. Heffernan, John E. O’Brien, Jr., and Kathryn M. Rattigan represented the firm when they walked with hundreds of lawyers to the Massachusetts State House in the 17th Annual Walk to the Hill for Civil Legal Aid on January 28, 2016. At the State House, participants urged lawmakers to protect state funding for civil legal aid. Many low-income individuals need civil legal aid when they face various civil legal problems, such as loss of housing, domestic abuse, access to veterans' benefits, unemployment appeals, and wage and hour disputes. By providing lawyers and legal advice to people living at or near the federal poverty level, civil legal aid programs enhance the ability of clients to access justice and can serve as a powerful tool to combat poverty. Click here to view a photo of Robinson+Cole lawyers at the State House. The Walk to the Hill event was sponsored by the Equal Justice Coalition, the Massachusetts Bar Association, and the Boston Bar Association.

February 18, 2015

Despite Blizzard, Boston Lawyers Participate in Annual Walk to the Hill

July 27, 2011

Attorneys Author Article on Privacy Concerns in Property Subrogation

Subrogator 
February 11, 2016

Robinson+Cole Lawyers Join Annual Walk to the Hill

Katherine C. Bailey, Kendra L. Berardi, Lawrence P. Heffernan, John E. O’Brien, Jr., and Kathryn M. Rattigan represented the firm when they walked with hundreds of lawyers to the Massachusetts State House in the 17th Annual Walk to the Hill for Civil Legal Aid on January 28, 2016. At the State House, participants urged lawmakers to protect state funding for civil legal aid. Many low-income individuals need civil legal aid when they face various civil legal problems, such as loss of housing, domestic abuse, access to veterans' benefits, unemployment appeals, and wage and hour disputes. By providing lawyers and legal advice to people living at or near the federal poverty level, civil legal aid programs enhance the ability of clients to access justice and can serve as a powerful tool to combat poverty. Click here to view a photo of Robinson+Cole lawyers at the State House. The Walk to the Hill event was sponsored by the Equal Justice Coalition, the Massachusetts Bar Association, and the Boston Bar Association.

February 18, 2015

Despite Blizzard, Boston Lawyers Participate in Annual Walk to the Hill

July 27, 2011

Attorneys Author Article on Privacy Concerns in Property Subrogation

Subrogator 
December 2, 2009

Robinson & Cole’s Subrogation Team Attends Annual Conference

September 7, 2007

Robinson & Cole Counsel Publishes Article in the National Association of Subrogation Professionals' "Subrogator"


December 2, 2009

Robinson & Cole’s Subrogation Team Attends Annual Conference

September 7, 2007

Robinson & Cole Counsel Publishes Article in the National Association of Subrogation Professionals' "Subrogator"

Events


Past

Valuation of Large Contents/Personal Property Losses

November 7, 2023
National Association of Subrogation Professionals (NASP) Annual Conference
Past

Spotting Subrogation Opportunities in the Failure of Glass, Ceramics, and the Packaging of Glass Containers

November 10, 2015
National Association of Subrogation Professionals Annual Conference
Past

Valuation of Large Contents/Personal Property Losses

November 7, 2023
National Association of Subrogation Professionals (NASP) Annual Conference
Past

Spotting Subrogation Opportunities in the Failure of Glass, Ceramics, and the Packaging of Glass Containers

November 10, 2015
National Association of Subrogation Professionals Annual Conference
Past

Proving General Contractor Liability for Subcontractor Negligence

11/13/2012 with encore presentation 8/14/13 via webinar
National Association of Subrogation Professionals Annual Conference (NASP)
Past

Waivers and Disclaimers of Liability

November 14, 2006
National Association of Subrogation Professionals
Past

Disclaimers of Liability

June 7, 2006
New England Chapter Meeting of the National Association of Subrogation Professionals
Past

Proving General Contractor Liability for Subcontractor Negligence

11/13/2012 with encore presentation 8/14/13 via webinar
National Association of Subrogation Professionals Annual Conference (NASP)
Past

Waivers and Disclaimers of Liability

November 14, 2006
National Association of Subrogation Professionals
Past

Disclaimers of Liability

June 7, 2006
New England Chapter Meeting of the National Association of Subrogation Professionals