Marie Cheung-Truslow, Esq.

Executive Vice President and Subrogation Practice Leader

cheung-truslow-2720-low-resMs. Cheung-Truslow holds 24 years’ experience as trial and appellate counsel representing national property and casualty insurance companies, concentrating on complex, high stakes, insurance-related litigation, with emphasis on subrogation, insurance coverage disputes, class action, arson/fraud investigation, examination under oath, reference/appraisal proceedings, Federal R.I.C.O. actions and bad faith litigation.

She is a Partner with Cheung-Truslow & Uehlein, LLC.  She served as Chair of the law firm of Smith & Brink, P.C.’s Property Insurance and Subrogation Practice Group. She received her law degree from Boston College Law School, her Masters from Columbia University School of Social Work, and her Bachelor of Arts degree from Notre Dame de Namur University.

She is admitted to practice law in Massachusetts and regularly practices outside Massachusetts on pro hac vice basis. She is a member of Who’s Who since 1998; Massachusetts Lawyers Weekly Board of Editors (1995-1997); American Bar Association (ABA); Loss Executive Association (LEA), Honorable Order of the Blue Goose; Asian American Lawyers Association of Massachusetts (AALAM); Council of Litigation  Management (CLM); National Association of Subrogation Professionals (NASP), National Association of Mutual Insurance Companies (NAMIC), International Association of Special Investigators Units (IASIU), Association of Certified Fraud Examiners (ACFE), and National Society of Professional Insurance Investigators (NSPII).

Ms. Cheung-Truslow has hands-on experience coordinating the investigation of suspicious losses and large loss recoveries through assembling teams of forensic experts, origin and cause investigators, engineers, forensic accountants, computer experts, metallurgists, combustion scientists, and fire protection specialists to analyze and determine the root cause of the losses. She also has extensive experience conducting examinations under oath of policyholders.

Ms. Cheung-Truslow is a regular speaker in leading industry conferences and publishes in professional journals.

Select Publications

Attorney Cheung-Truslow co-authored with Attorney Steven Theesfeld of Yost & Baill a chapter in the New Appleman on Insurance Law Library Edition, a LexisNexis publication considered to be the most comprehensive source for insurance law. Chapter 160, entitled “Bringing Subrogation Actions” addresses an insurer’s and self-insured’s rights to recover amounts it has paid for losses on its policies by means of subrogation. A copy of New Appleman on Insurance Law Library Edition is available by searching the publication at New Appleman on Insurance Law Library Edition

Select Public Speaking Engagements

  • Speaker, “Missed Opportunities and Successful Recoveries,” 2014 PLRB/LIBR Regional Conferences
  • Speaker, “Property Subrogation Recognition and Next Steps,” 2013 PLRB/LIRB Regional Conferences
  • Speaker, “Subrogation Under Property and Casualty Insurance,” 2012 Fall Educational Conference, New Hampshire Adjusters’ Association, November 8, 2012
  • Speaker, “Central Artery/ Tunnel Project,” 2012 Annual Conference, International Institute of Loss Adjusters, October 19, 2012
  • Speaker, “Insurance Companies’ Contractual Right to Investigate a Loss,” The Honorable Order of the Blue Goose International, Bay State Pond Meeting, April 11, 2012
  • Speaker, “Techniques to Avoid Defamation Suits When Denying a Claim Based Upon Fraud and/or Material Misrepresentation,” 29th Advanced Insurance Fraud Seminar
  • The National Society of Professional Insurance Investigators, November 14-15, 2011
  • Speaker, “Hurdles to Overcome When Denying Claims Based Upon An Insured’s Failure to Appear For an EUO or Failure to Produce Documents,” 29th Advanced Insurance Fraud Seminar, The National Society of Professional Insurance Investigators, November 14-15, 2011
  • Speaker, “The Current State of the Law Regarding Filing and Prosecuting Civil Fraud Actions for the Recovery of Fraudulently Obtained Insurance Benefits,” 29th Advanced Insurance Fraud Seminar, The National Society of Professional Insurance Investigators, November 14-15, 2011
  • Speaker, “Fraud in Part Equals Fraud in Whole, True or False,” 29th Advanced Insurance Fraud Seminar, The National Society of Professional Insurance Investigators, November 14-15, 2011
  • Speaker, “Investigative Tools,” Property Claims Network, November 8, 2011
  • Speaker, “Statute of Limitations,” New England Chapter Meeting Property Subrogation Series, National Association of Subrogation Professionals, March 11, 2010
  • Speaker, “Representing the Insured and Insurer,” New England Chapter Meeting Property Subrogation Series, National Association of Subrogation Professionals, March 11, 2010
  • Author, “Can a Finding of a Breach of Warranty be the Basis for Recovery of Attorney’s Fees and Punitive Damages?”  Spring/Summer 2008 issue of NASP’s Subrogator.
  • Speaker, “Electronic Discovery and Implication on Civil Litigation,” IASIU Annual Seminar on Insurance Fraud, September 11, 2006
  • Speaker, “Boston’s Big Dig,”  The Honorable Order of the Blue Goose International, Bay State Pond Conference, 2004
  • Speaker, “Massachusetts First Party Property Losses” Presented to insurance company claims adjusters and executives

Ms. Cheung-Truslow has secured numerous defense verdicts in jury trials and arbitrations. She has secured summary judgments and defeated motions to dismiss for insurance companies in various cases on subrogation, failure to cooperate grounds and coverage determinations, including:

  • Robert M. DiCarlo, et al. v. Suffolk Construction Co., Inc., et al. (Lawyers Weekly No. 11-142-14)
  • Stor Gard, Inc. et. al. v. Strathmore Ins. Co., United States District Court, District of Massachusetts, Civil Action No. 10-12274, May  4, 2012
  • The Northern Assurance Company of America v. Payzant, Massachusetts Appeals Court, 2010-P-1469 (failure to cooperate)
  • Allstate Insurance Company v. Keith Michael Stone, D.C.; Clinica Real, LLC et. al., United States District Court for the District of Arizona, 2008 US Dist. LEXIS 27332 (2008) (Federal RICO claim)
  • Walsh Construction v. Hartford Fire Insurance Co., Middlesex Superior Court, CV200 3-4074 and CV200 3-4076 (2007) (coverage terminated pursuant to termination clause in builders risk policy)
  • John Aubuchon vs. National Grange Mutual Insurance Company, 70 Mass. App. Ct. 1102 (2007) (failure to cooperate)
  • Great Northern Storehouse, Inc. v. Peerless Ins. Co., 2000 US Dist. LEXIS 22905 (D. Maine 2000) (arson)
  • Roche v. Provident Life & Accident Insurance Company, 40 Mass. App. Ct. 1103 (1996) (fraud claim)
  • Insurance Co. of North America v. Protection Mutual Ins. Co., 939 F.Supp. 79 (1996) (D. Mass. 1996) (coverage dispute regarding $10 million loss involving the other insurance clause)
  • John Aubuchon vs. National Grange Mutual Insurance Company, 70 Mass. App. Ct. 1102 (2007)
  • Quigley v. Bay State Graphics, 427 Mass. 455 (1998)
  • McMahon v. Digital Equip. Corp., 162 F3d. 28 (1st Cir. 1998)
  • Preferred Mut. Ins. Co. v. Travelers Cos., 127 F3d. 136 (1st Cir. 1997)
  • Federal Deposit Ins. Corp. v. Insurance. Co. of North America, 105 F3d. 778 (1st Cir. 1997)
  • Roche v. Provident Life & Accident Ins. Co., 40 Mass. App. Ct. 1103 (1996)
  • Middleborough v. Middleborough Gas and Elec. Dep’t., 47 Mass. App. Ct. (1999); and Town of Middleborough v. Middleborough Gas and Elec. Dep’t., 422 Mass. 583 (1996)