Boston Junior Partner Adam C. Brandon successfully argued for dismissal of all claims asserted against our client, Pearl Holding Group, Inc. (“Pearl Holding”), following oral argument in this automobile liability action that was pending in Brockton District Court, MA.

Plaintiff, a named insured on an automobile policy issued by Pearl Holding, alleged property damages and uncompensated losses arising from a car accident in Massachusetts with an underinsured driver, who was not a party to the action.  Plaintiff alleged, in part, Pearl Holding breached the subject insurance contract by denying reimbursement for his expenses related to the accident, including the total loss of his vehicle.  In response, on behalf of Pearl Holding, we moved to dismiss Plaintiff’s Complaint on the primary grounds of improper venue pursuant to Massachusetts Rules of Civil Procedure Rule 12(b)(3).   In sum, the Court agreed that Plaintiff’s claims could not be litigated before it as the record evidence demonstrated that Pearl Holding’s state of incorporation, principal office, the location of service of the Complaint and Summons, the state of issuance of the subject insurance contract, and  Plaintiff’s residential address, despite his claims to the contrary, all lie outside of Massachusetts.  Accordingly, the Court granted our Motion to Dismiss on grounds of improper venue.