Benjamin L. Hincks – Partner

Ben’s practice is focused on complex business litigation, including insurance coverage, reinsurance, employment, bad faith/unfair competition, real estate, and environmental law.

Prior to joining Torres, Scammon, Hincks & Day, LLP in May, 2016, Ben was a partner in the Boston office of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., where he practiced for over 20 years as a member of Mintz Levin’s Litigation Section and its Insurance & Reinsurance Practice Group.

Ben has enjoyed a diverse business litigation practice over the course of his career, representing business clients in industries ranging from wholesale food to commercial real estate. He has handled numerous employment matters and, more recently, has represented clients in the staffing and employer self-funded healthcare arenas.

Throughout his career, Ben has devoted a substantial portion of his practice to representing and counseling primary and excess insurers and reinsurers regarding environmental, asbestos, and other long-tail exposure coverage matters, as well as bad faith and other extra-contractual liabilities. He is a founding member, director, and former president of the Massachusetts Reinsurance Bar Association (MReBA), as well as a member of ARIAS-U.S.

Outside of his law practice, Ben is actively involved in public service, serving on several community and other non-profit boards of directors, including his position as Chair of the Boston Advisory Board of Self Help Africa.

Representative Matters

  • Won summary judgment on behalf of a foreign reinsurer in an action brought by its alleged cedent in Massachusetts federal court concerning the termination of a cross-border fronting arrangement (OneBeacon Am. Ins. Co. v. Aviva Ins. Co. of Canada); the trial court’s decision was affirmed by the First Circuit US Court of Appeals
  • Obtained dismissal with prejudice of a class action alleging unfair claims settlement practices under M.G.L. c. 93A and 176D in connection with the resolution of thousands of asbestos liability claims by Massachusetts residents prior to July 2001 (O’Connell v. Liberty Mutual Insurance Co.)
  • Won partial summary judgment on a retention warranty defense on behalf of reinsurer in the US District Court of Rhode Island (Seaton Ins. Co. v. Yosemite Ins. Co.)
  • Successfully represented a major food wholesaler in several multimillion-dollar contractual disputes with a food hauler
  • Represents health insurance provider in contractual dispute with third party claims administrator
  • Has represented various staffing firms with self-funded employee health plans in disputes with claims administrators and “stop-loss” insurers
  • Obtained a court order for reinsured compelling consolidation of arbitrations and the appointment of an umpire
  • Successfully represented a reinsurer in a dispute with a ceding company regarding the cedent’s allocation of losses after waiving rights of contribution against co-insurers

Education

  • B.A., Yale University (1988)
  • J.D., Northeastern University School of Law (1995)

Bar and Court Admissions

  • Massachusetts Bar
  • United States District Court for the District of Massachusetts
  • United States Court of Appeals for the First Circuit

Publications and Press

  • Co-author, “Res Judicata and Collateral Estoppel In Subsequent Arbitration Proceedings,” Insurance Coverage Law Bulletin (December 2014)

Awards and Associations

  • Founding member and former president, Massachusetts Reinsurance Bar Association (MReBA)
  • Member, ARIAS-US
  • Officer and director, Newton Youth Lacrosse
  • Writing instructor, Citizen Schools 8th Grade Academy Writing Program
  • Chair, Boston Advisory Board of Self Help Africa

Recent News

Benjamin Hincks Joins Torres, Scammon, Hincks & Day as Partner