Nicholas J. Boos

Boos represents and advises insurers in coverage disputes. In the emerging cyber insurance arena, he aided client Travelers Property Casualty Company of America in a claims matter with its policyholder, web-hosting service Peak Web LLC.

Peak Web asserted that network outages damaged its ability to provide technology to customer Machine Zone Inc., harming its relationship and leading to financial losses. Peak Web presented an insurance claim to Travelers under a policy clause for CyberFirst expense reimbursement.

Travelers questioned whether it must pay claims for network outages, and Boos filed a complaint for declaratory relief in federal court in Oregon. The case settled recently.

"It's a hot area of insurance law right now," Boos said. Cyber insurance can cover a wide range of Internet-related issues, including data breaches, and case law is developing to establish coverage limits. The case is pending. Travelers Property Casualty Insurance Co. of America v. Peak Web LLC, 15-cv-00132 (D. Ore., filed Jan. 25, 2016)

"I get a lot of questions about this one because it is a first-party case," Boos said, referring to a situation in which the claim is for a loss suffered directly by the insured.

In an unusual eviction case that examined a seldom-litigated area of insurance law, Boos represented Travelers when its insured, Raelco LLC, sued for breach of contract after a corporate tenant alleged Raelco unlawfully evicted it from a leased commercial parking lot. Travelers declined to cover, contending its commercial general liability policy coverage of "wrongful eviction" would apply only if Raelco evicted a natural person. Raelco argued that coverage should apply because the corporation had natural persons as subtenants.

Boos developed a strategy for resolving the matter at summary judgment. "We took appropriate discovery to refute their claims," he said. A state court judge agreed and dismissed Raelco's suit.

"A contrary ruling would have incorrectly expanded coverage beyond the terms of the policy and case law," Boos said. Raelco LLC v. Travelers Property Casualty Insurance Co of America, 37-2013-0004729-CU (San Diego Super. Ct., filed May 6, 2013)

"Very substantial sums were at issue in both Raelco and Peak Web," Boos said, "but even more important were the legal issues we were addressing."

- John Roemer