Ben’s practice is focused on complex business litigation, including in the areas of insurance/reinsurance, bad faith/unfair competition, healthcare, employment and real estate.

Prior to joining Torres, Scammon, Hincks & Day, LLP in May 2016, Ben was a partner in the Boston office of Mintz Levin where he practiced for over 20 years as a member of the firm’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 employer self-funded healthcare to wholesale foods. He has also handled numerous employment matters, representing both individuals and companies.

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.

With his partner, Steve Torres, Ben currently serves as outside General Counsel to Commonwealth Automobile Reinsurers (“CAR”), which is the industry-operated residual market and statistical agent for motor vehicle insurance in the Commonwealth of Massachusetts.

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

Ben’s representative matters include:

  • 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 a 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
  • Represented a health insurance provider in a contractual dispute with a third party claims administrator
  • Represented various staffing firms with self-funded employee health plans in disputes with claims administrators and “stop-loss” insurers
  • Obtained a court order for a reinsurer that compelled 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

 Community Involvement

  • Chair, Boston Advisory Board of Self Help Africa
  • Founding member and former president, Massachusetts Reinsurance Bar Association (MReBA)
  • Coach, Newton Youth Lacrosse

Awards

  • Massachusetts Super Lawyers, Business Litigation 2019
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.
Benjamin L. Hincks
Rated by Super Lawyers


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Practice Areas

Business
Litigation

Employment
Litigation

White Collar
Criminal Defense