Philip M. Howe, Esq.

Philip M. Howe is a civil litigator with lengthy experience in defending complex medical and financial issues in the areas of life, disability, health, automobile, homeowners, property and casualty insurance, including claims of bad faith.

  • Click here to read his article, “Pushing the pause button for Donald Trump”

  • Click here to read his article, “Gun legislation: Key changes after Bruen and Rahimi rulings”

  • Click here to read his article, “Trump's actions under the immunity spotlight”

  • Click here to read his article, “Two cases, two shifts in power (Loper Bright Enterprises v. Raimondo)

  • Click here to read his article, “Gun control: 9th Circuit restricts in some places, but not all”

  • Click here to read his article, “Uber has a duty of care to its drivers”

  • Click here to read his article, “Google's monopoly playbook: Court slams exclusive deals, but what's next”

  • Click here to read his article, “U.S. Supreme Court Grants Trump Immunity For Official Acts”

  • Click here to read his article, “U.S. Supreme Court Allows Bump Stocks”

  • Click here to read his article, "Judicial misstep: How a technicality on special counsel’s appointment could undermine justice” in the Daily Journal.

  • Click here to read his article, "US Supreme Court rejects challenge to mifepristone” in the Daily Journal.

  • Click here to read his article, "US Supreme Court rules that race, if not a predominant factor, can be used in political district mapping” in the Daily Journal.

  • Click here to read his article, "CFPB public funds identification and expenditure authorization suffice" in the Daily Journal.

  • Click here to read his article, "Weinstein's victims will have to tell their stories, again" in the Daily Journal.

  • Click here to read his article, "The U.S. Supreme Court decision on Trump's Position on the CO ballot..." in the Daily Journal.

  • Click here to read his article, "In ‘New York v. Trump,’ Judge Provides Comprehensive Review of Evidence, Law" in the Massachusetts Lawyers Weekly.

  • Read his article, "Twitter V. Musk" in MassBar Association's Section Review here.

  • Click here to read his most recent article on the Revocation by Divorce of Life Insurance Beneficiaries.

  • Click here to read his article on enforcing arbitration clauses in the recent ARIASU.S. Quarterly.

  • Click here to read his article on legal issues to consider in the midst of the pandemic in DRI’s For the Defense.

  • Click here to read his article on discovery in litigation of social media content in the newsletter from the Defense Research Institute.

  • Click here to read his comparison of the U.S. Supreme Court decisions on the vaccines published in Law 360 on February 1, 2022.

  • Click here to read his article on the Supreme Court, Navy Seals and Vaccines

  • Click here to read his article on the Florida U.S. District Court decision invalidating the CDC mask mandates.

He has additional experience in litigating condominium, construction, medical malpractice, personal injury and real estate litigation. He has tried cases in California and Massachusetts, and state and federal courts. Howe has also managed litigation nationwide as house counsel for an insurer that issued individual and group life, health and disability insurance. Howe has recently been certified as an arbitrator by ARIAS-US. He is in private practice in Boston.

 

Contact

182 Marlborough Street, Boston, MA 02116

PhilipHoweLaw@gmail.com

(617) 947-7989

Litigation Experience


Experience, Education, Bar Membership

 

New England Life, 1970-1982 in Boston, House counsel managing insurance litigation nationwide.

Adams, Duque 1982-1985 in Los Angeles

Kornblum, Kelly 1986-1987 in Los Angeles

Kaplan & Emmer 1988-1993 in Boston

Lecomte, Emanuelson 1993-2016 in Boston

LTL Attorneys 2016-2019 in Los Angeles

Prepared for, taken or defended over 100 depositions, research, writing and drafting of, and responding to written discovery, motions for summary judgement, motions to compel, motions in limine, jury instructions, trial briefs, proposed findings of facts and conclusions of law, trial exhibits including documents and constructs. Settled through negotiations and mediations over 150 actions.

Has successfully represented clients in bad faith litigation including:

  • Win at trial and on appeal defending against claim for disability benefits by physician.

  • Summary judgment for disability insurer on all bad faith and consequential damages of approximately $5 million.

  • Win at trial for condominium association in action against developer for monthly fees.

  • Win at trial in action against developer for water in the cellar.

  • Rescission of policy resolved without litigation, misrepresentation in the application for life insurance.

  • Published decisions available upon request.

Education

  • The George Washington University Law School (J.D., 1970)

  • Holy Cross College (B.A., 1967)

Bar Membership

  • Massachusetts and California.


Publications

 

Has published his own quarterly newsletter on insurance decisions for over thirty years and has published numerous articles including:

  • Drones and Civil Surveillance, CLE 1 hour video, AttorneyCredits.com, June 28, 2016.

  • Misrepresentation in the Life Insurance Application, 68 Massachusetts Law Review 73. Article on U.S. Supreme Court decision on attorney fees in Goodyear v. Haeger. D.R.I. The Voice, May 17, 2017.

  • Articles on CA Supreme Court decision in Facebook decision discussing the discovery via subpoena of social media content, DRI Life, Health and Disability, Vol. 29, Issue 3, page 3, October 16, 2018 and on Texas decision on Obamacare, Vol. 30, Issue 1, page 3, March 30, 2019.

All articles available on request.


Presentations

 

He has for many years presented at the

  • Eastern Claims Conference including Mock trial, 2016 and 2017

  • International Claims Conference Annual Meetings, 2010 to 2015 including “Suicide – The Nuts, Bolts and Nooses” 2011

  • Western Claims Conference

  • American Conference Institutes


Get in Touch

Philip Howe is available for discovery, trial preparation, trials and settlement negotiations. In addition, he is available as a speaker and mediator.