Peter G. Hermes Shareholder
- State Bar Admissions
- United States District Court
- United States Court of Appeals
- First Circuit
Peter Hermes is the president and a founding shareholder of Hermes, Netburn, O’Connor & Spearing, P.C. Peter has forty years of experience as a trial and appellate attorney in both state and federal court, with more than forty reported decisions to his name. Peter has a broad trial practice that includes litigation of complex construction matters, corporate disputes, intellectual property rights, patent licensing agreements, defamation claims and environmental tort cases. He also is recognized for his practice at the cutting edge of developments in insurance coverage and surety law, having spoken and written on those topics. His representation of clients in insurance matters includes all aspects of coverage and bad faith claims.
Peter focuses considerable attention to risk management for his clients, identifying alternative strategies and courses of action in order to resolve controversies and disputes without litigation.
Peter also represents businesses, senior executives and high net-worth individuals in various industries in connection with non-litigation matters. Intimately familiar with the many ways in which an oversight in a complex transaction can lead to years of litigation, Peter uses his knowledge and experience from his trial practice to assist Hermes Netburn's clients in contract negotiations, financial transactions and other business matters.
Sandman v. McGrath, (2011)
Successful application of doctrine of judicial estoppel to claim of breach of duty during trial by tort defendant against her counsel and insurer.
Massachusetts Homeland Ins. Co. v. Walsh, (2011)
Successful defense of insurer on claim for coverage alleging multiple accidents.
Norfolk & Dedham Mut. Fire Ins. Co. v. Morrison, (2010)
Successful representation of property owner in obtaining additional insured coverage in a commercial case potentially affecting thousands of Massachusetts lease.
OneBeacon America Ins. Co. v. Travelers Indem. Co. of Ill., (1st Cir. 2006)
Successful reformation of insurance policy based on mutual mistake.
Flynn v. AK Peters, Ltd., (1st Cir. 2004)
Successful defense of publisher against trademark and contract claims.
McKernan v. Burek, (2000)
Successful defense of trademark/trade dress claim; first federal case interpreting U.S. Supreme Court decision in Wal-Mart Stores, Inc. v. Samara Bros., Inc.
Polaroid Corp. v. Travelers Indem. Co., (1993)
Application of pollution exclusion under CGL policy; successful defense of bad faith claim.
High Voltage Eng'g Corp. v. Fed. Ins. Co., (1st Cir. 1992)
First case applying pollution exclusion under D&O policy.
Puretest Ice Cream, Inc. v. Kraft, Inc., (1st Cir. 1986)
Successful representation of Kraft, Inc. in franchising dispute.
Norfolk & Dedham Mut. Fire Ins. Co. v. Morrison, (2011)
Injury to tenant’s patient in common area held to arise out of premises rented to tenant.
Mikolinski v. Burt Reynolds Production Co., (1980)
Represented Burt Reynolds and Burt Reynolds Production Co. in defense of defamation action related to film The End.
PROFESSIONAL AND COMMUNITY INVOLVEMENT
Boston Bar Foundation
American Bar Association
- Torts and Insurance Practice Section
AWARDS AND RECOGNITION
- AV® Preeminent™ Rated by Martindale-Hubbell
- Massachusetts SuperLawyer, 2004-2009, 2013-2018