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Kevin Polansky

Kevin Polansky

Partner

One Financial Center
Suite 3500
Boston, MA 02111
T 617.217.4720
F 617.217.4710
kevin.polansky@nelsonmullins.com
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Kevin devotes his practice to financial services litigation, bad faith insurance defense, construction litigation, and complex commercial litigation throughout New England. Kevin represents national banks, mortgage investors, and loan servicers against claims brought under the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act...

Kevin devotes his practice to financial services litigation, bad faith insurance defense, construction litigation, and complex commercial litigation throughout New England. Kevin represents national banks, mortgage investors, and loan servicers against claims brought under the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Uniform Commercial Code (UCC), Home Affordable Mortgage Program (HAMP) and state unfair and deceptive practices statutes. A significant portion of his practice is devoted to representing insurers in coverage matters, bad faith, and commercial litigation. He also represents general and sub-contractors in federal and state construction disputes. 

Kevin Polansky

(FDCPA), Uniform Commercial Code (UCC), Home Affordable Mortgage Program (HAMP) and state unfair and deceptive practices statutes. A significant portion of his practice is devoted to representing insurers in coverage matters, bad faith, and commercial litigation. He also represents general and sub-contractors in federal and state construction disputes. 

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Matters

  • Krol v. Liberty Mutual Ins. Co., (NH Superior 2017) (summary judgment awarded to insurer on breach of contract and bad faith claims on issues arising out of insured's failure to cooperate)
  • Faria v. Liberty Mutual Ins. Co., (MA Superior 2017) (summary judgment awarded to insurer on breach of contract claim)
  • Morris v. Liberty Mutual Ins. Co., (MA.) (dismissal of c. 93A claim arising out of a property damage claim);
  • Galvin v. U.S. Bank, N.A., No. 14-14723 (Dist. of MA 2015) (dismissal of Plaintiffs' wrongful foreclosure claims)
  • Johnson v. Hylka Construction Co., Inc. No. 1464CV000064 (Dudley Dist. Ct. 2015) (defense verdict awarded against Plaintiffs' product liability and G.L. c. 93A claims)
  • Kirtz v. Wells Fargo Bank, NA., No. 1:12-cv-10690 (Dist. of MA 2014) (awarded summary judgment on Plaintiff's negligent misrepresentation claim)
  • Hanrahan v. Specialized Loan Servicing LLC, No. 14-10397 (Dist. of MA 2014) (dismissal of Plaintiff's breach of contract and injunctive relief claims)
  • Heald v. Federal Home Loan Mortgage Corp., No. 13-cv-488 (Dist. of NH 2014) (dismissal of Plaintiffs' declaratory relief claims relating to defendant's lawful foreclosure)
  • Norgeot v. Provident Funding Group, Inc., No. 1:13-cv-12412 (Dist. of MA 2014) (dismissal of Plaintiffs' complaint seeking declaratory relief under various Massachusetts statues, including G.L. c. 93A)
  • Kitner v. Mortgage Lenders Network USA Inc., No. 13-P-1294 (MA. App. 2015) (affirmed dismissal of wrongful foreclosure and G.L. c. 93A claims)
  • Barcelos v. Deutsche Bank Nat'l Trust Co., No. 13-P-1361 (MA. App. 2014) (affirmed summary judgment award regarding Plaintiffs' wrongful foreclosure claims)
  • Morgan Stanley v. Pleitez, No. 11H77SP004578 (Northeast Housing Ct. 2014) (awarded summary judgment against former borrowers challenging lawfulness of foreclosure)
  • HSBC Bank, USA, NA v. Richardson, No. 13-SP-4774 (Western Housing Ct. 2014) (awarded summary judgment on Plaintiff's possession claim)

Educational Activities

  • Suffolk University Law School
    • S.J.C. Rule 3:03 certified student defender at the Boston Municipal Court
    • Mock Trial Competition Team
Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Matters

  • Krol v. Liberty Mutual Ins. Co., (NH Superior 2017) (summary judgment awarded to insurer on breach of contract and bad faith claims on issues arising out of insured's failure to cooperate)
  • Faria v. Liberty Mutual Ins. Co., (MA Superior 2017) (summary judgment awarded to insurer on breach of contract claim)
  • Morris v. Liberty Mutual Ins. Co., (MA.) (dismissal of c. 93A claim arising out of a property damage claim);
  • Galvin v. U.S. Bank, N.A., No. 14-14723 (Dist. of MA 2015) (dismissal of Plaintiffs' wrongful foreclosure claims)
  • Johnson v. Hylka Construction Co., Inc. No. 1464CV000064 (Dudley Dist. Ct. 2015) (defense verdict awarded against Plaintiffs' product liability and G.L. c. 93A claims)
  • Kirtz v. Wells Fargo Bank, NA., No. 1:12-cv-10690 (Dist. of MA 2014) (awarded summary judgment on Plaintiff's negligent misrepresentation claim)
  • Hanrahan v. Specialized Loan Servicing LLC, No. 14-10397 (Dist. of MA 2014) (dismissal of Plaintiff's breach of contract and injunctive relief claims)
  • Heald v. Federal Home Loan Mortgage Corp., No. 13-cv-488 (Dist. of NH 2014) (dismissal of Plaintiffs' declaratory relief claims relating to defendant's lawful foreclosure)
  • Norgeot v. Provident Funding Group, Inc., No. 1:13-cv-12412 (Dist. of MA 2014) (dismissal of Plaintiffs' complaint seeking declaratory relief under various Massachusetts statues, including G.L. c. 93A)
  • Kitner v. Mortgage Lenders Network USA Inc., No. 13-P-1294 (MA. App. 2015) (affirmed dismissal of wrongful foreclosure and G.L. c. 93A claims)
  • Barcelos v. Deutsche Bank Nat'l Trust Co., No. 13-P-1361 (MA. App. 2014) (affirmed summary judgment award regarding Plaintiffs' wrongful foreclosure claims)
  • Morgan Stanley v. Pleitez, No. 11H77SP004578 (Northeast Housing Ct. 2014) (awarded summary judgment against former borrowers challenging lawfulness of foreclosure)
  • HSBC Bank, USA, NA v. Richardson, No. 13-SP-4774 (Western Housing Ct. 2014) (awarded summary judgment on Plaintiff's possession claim)

Educational Activities

  • Suffolk University Law School
    • S.J.C. Rule 3:03 certified student defender at the Boston Municipal Court
    • Mock Trial Competition Team

Media

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Recognitions

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • 'Top Lawyer' for Commercial Litigation, Boston Magazine (2023)
  • New England Super Lawyers, Rising Star in Construction/Surety (2012–2019), Consumer Law (2020)

Professional Activities

  • American Bar Association
    • Young Lawyers Division
    • Tort Trial and Insurance Practice Section (2011–present)
    • Fidelity and Surety Law Committee (2011–present)
    • ABA Advisory Panel (2011–present)
    • Young Professionals Group (2012–present)
      • Boston
  • College of the Holy Cross, Alumni Association of Greater Boston (2003–present)
  • Surety Claims Institute
  • MassDLA
  • Fidelity Law Association
  • Natick Zoning Board of Appeals, Associate Member (2011–2016)

Kevin devotes his practice to financial services litigation, bad faith insurance defense, construction litigation, and complex commercial litigation throughout New England. Kevin represents national banks, mortgage investors, and loan servicers against claims brought under the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act... (FDCPA), Uniform Commercial Code (UCC), Home Affordable Mortgage Program (HAMP) and state unfair and deceptive practices statutes. A significant portion of his practice is devoted to representing insurers in coverage matters, bad faith, and commercial litigation. He also represents general and sub-contractors in federal and state construction disputes. 

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Matters

  • Krol v. Liberty Mutual Ins. Co., (NH Superior 2017) (summary judgment awarded to insurer on breach of contract and bad faith claims on issues arising out of insured's failure to cooperate)
  • Faria v. Liberty Mutual Ins. Co., (MA Superior 2017) (summary judgment awarded to insurer on breach of contract claim)
  • Morris v. Liberty Mutual Ins. Co., (MA.) (dismissal of c. 93A claim arising out of a property damage claim);
  • Galvin v. U.S. Bank, N.A., No. 14-14723 (Dist. of MA 2015) (dismissal of Plaintiffs' wrongful foreclosure claims)
  • Johnson v. Hylka Construction Co., Inc. No. 1464CV000064 (Dudley Dist. Ct. 2015) (defense verdict awarded against Plaintiffs' product liability and G.L. c. 93A claims)
  • Kirtz v. Wells Fargo Bank, NA., No. 1:12-cv-10690 (Dist. of MA 2014) (awarded summary judgment on Plaintiff's negligent misrepresentation claim)
  • Hanrahan v. Specialized Loan Servicing LLC, No. 14-10397 (Dist. of MA 2014) (dismissal of Plaintiff's breach of contract and injunctive relief claims)
  • Heald v. Federal Home Loan Mortgage Corp., No. 13-cv-488 (Dist. of NH 2014) (dismissal of Plaintiffs' declaratory relief claims relating to defendant's lawful foreclosure)
  • Norgeot v. Provident Funding Group, Inc., No. 1:13-cv-12412 (Dist. of MA 2014) (dismissal of Plaintiffs' complaint seeking declaratory relief under various Massachusetts statues, including G.L. c. 93A)
  • Kitner v. Mortgage Lenders Network USA Inc., No. 13-P-1294 (MA. App. 2015) (affirmed dismissal of wrongful foreclosure and G.L. c. 93A claims)
  • Barcelos v. Deutsche Bank Nat'l Trust Co., No. 13-P-1361 (MA. App. 2014) (affirmed summary judgment award regarding Plaintiffs' wrongful foreclosure claims)
  • Morgan Stanley v. Pleitez, No. 11H77SP004578 (Northeast Housing Ct. 2014) (awarded summary judgment against former borrowers challenging lawfulness of foreclosure)
  • HSBC Bank, USA, NA v. Richardson, No. 13-SP-4774 (Western Housing Ct. 2014) (awarded summary judgment on Plaintiff's possession claim)

Educational Activities

  • Suffolk University Law School
    • S.J.C. Rule 3:03 certified student defender at the Boston Municipal Court
    • Mock Trial Competition Team

Education

  • Suffolk University Law School, JD, cum laude (2006)
    • Associate Executive Editor, Suffolk University Law Review
  • College of the Holy Cross, BA, Political Science and English (2003)

Admissions

  • Connecticut
  • Massachusetts
  • New Hampshire
  • Maine
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the District of Connecticut
  • U.S. District Court for the District of New Hampshire
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • 'Top Lawyer' for Commercial Litigation, Boston Magazine (2023)
  • New England Super Lawyers, Rising Star in Construction/Surety (2012–2019), Consumer Law (2020)
  • American Bar Association
    • Young Lawyers Division
    • Tort Trial and Insurance Practice Section (2011–present)
    • Fidelity and Surety Law Committee (2011–present)
    • ABA Advisory Panel (2011–present)
    • Young Professionals Group (2012–present)
      • Boston
  • College of the Holy Cross, Alumni Association of Greater Boston (2003–present)
  • Surety Claims Institute
  • MassDLA
  • Fidelity Law Association
  • Natick Zoning Board of Appeals, Associate Member (2011–2016)
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