Tamara Smith Holtslag

Tamara Smith Holtslag is a seasoned litigator and trial lawyer with considerable experience in various areas of civil litigation, including health care professional liability, premises liability, employment discrimination, complex personal injury, and bad faith insurance. She has particular expertise in the areas of insurance coverage and insurance coverage litigation, and often advises insurance companies on coverage issues and claims handling. In addition to her courtroom abilities, Ms. Smith has successfully handled a number of matters on appeal to state and federal courts.

Representative Accomplishments

Ms. Smith has achieved considerable litigation success and is generally regarded among opposing counsel as a zealous but reasoned advocate for her clients. By way of a few examples, she recently prevailed in binding arbitration for a large commercial insurer by persuading the panel to reject a claim for $1 million of insurance coverage brought by an architectural firm under a claims-made and reported policy. In another noteworthy insurance coverage case, Ms. Smith recently obtained a summary judgment ruling in her insurance client's favor from a federal judge denying a claim brought by a large HMO seeking $28 million. She was quoted in a National Law Journal article reporting on the judge's decision. In a separate matter, her tenacious investigation and litigation skills led to a $1.6 million settlement for a father and son seriously injured when a stolen SUV crashed into their car moments after the theft, which settlement was highlighted in Massachusetts Lawyers Weekly. Ms. Smith also prevailed at a trial on behalf of defendants against a claim alleging breach of a contract to purchase real estate. In a binding arbitration involving premises liability, Ms. Smith defeated a claim alleging breach of contract, negligence and consumer protection statute violations.

Ms. Smith has also argued successfully before various appeals courts. For instance, she persuaded the 1st Circuit to rule in favor of her client, who insured a general contractor on a major construction project. National Union Fire Insurance Co. of Pittsburgh v. Lumbermens Mutual Casualty Co., 385 F.3d 47 (1st Cir. 2004). The decision, frequently cited by courts and in legal treatises, examined an “additional insured” endorsement routinely seen in liability insurance policies in the construction context. The court in Lumbermens also reaffirmed existing law regarding the resolution of conflicting provisions in insurance policies.

She also persuaded the Massachusetts Appeals Court to vacate a trial court ruling that would have required her client, a Massachusetts hospital, to produce confidential medical records in violation of a Massachusetts statute, and potentially exposed it to tort liability.

Boston Magazine named Ms. Smith as a Rising Star in 2011 in its Massachusetts Super Lawyers edition, which features the top 2.5 percent of rising lawyers under the age of 40 in the Bay State. She was also named a Rising Star in 2010, and also four years in a row in 2005-08. The New England Business Bulletin in 2009 recognized Ms. Smith as a Top Young Professional Under 40.

Professional and Civic Affiliations

Ms. Smith actively participates in various professional bar associations. She is a tri-chair of the Public Relations Committee of the Women's Bar Association of Massachusetts. She is also a member of the Litigation Counsel of America, Defense Research Institute, Massachusetts Bar Association, and American Bar Association, including its Tort, Trial and Insurance Practice Division and Business Law Division. Ms. Smith participates in business groups as well, including the Downtown Women's Club of Boston and the Boston Chamber of Commerce. She is a regular fundraiser and participant in the Annual American Cancer Society 2-Day Relay for Life.