Between the Lines

A Discussion of Case Law and Statutory Law Affecting Commercial Lines of Insurance

Recent Posts

Posted In: Cyber Liability, Duty to Defend, Uncategorized

An Insurer had a Duty to Defend a Claim Alleging the Negligent Transfer of the Claimant’s Money to an Email Scammer.

But No Duty To Indemnify Because The Insured Settled The Claim After The Statute Of Limitations Expired. A Texas federal District Court recently reconsidered its denial of cross-motions for summary…

Read More »

Posted In: Duty to Defend, Professional Liability

Professional Liability Insurer has Duty to Defend Counterclaims in Suit Over Law Firm Split, but No Duty to Fund Affirmative Claims, and the Burden to Allocate is on the Insured.

In a blog post last October, I discussed a District of Massachusetts decision denying a motion to dismiss a suit by a law firm against its professional liability insurer alleging…

Read More »

Posted In: Policy Construction

Supplementary Payments Provision Does Not Cover Award of Attorney’s Fees

The Massachusetts Appeals Court has adopted a legal rather than lay interpretation of the term “costs,” concluding that an insurer’s obligation to pay “costs taxed” to the insured in a…

Read More »

Posted In: Uncategorized

D. Mass. verdict: Insurer may be liable for bad faith for mistake of law

A recent ruling from the District of Massachusetts suggests that insurers are responsible for training their claims handlers to know and understand the law affecting their insureds’ liability – and…

Read More »

Posted In: Uncategorized

“Your work” exclusion does not bar coverage for claim against concrete flooring subcontractor for damage to other flooring layers

A subcontractor’s Commercial General Liability insurance policy provided coverage for damage to carpets and tiles laid on top of a defective subfloor, despite an exclusion for the cost to repair…

Read More »

Posted In: Cyber Liability, Property Coverage

Electronic Transfer Scam Losses May Be Covered Under Business Owner’s Policy: A Step Toward Coverage For Crypto Currency?

The Vermont Supreme Court recently held that a business owner’s policy that provided coverage for “loss” resulting from forgery and theft, but excluded “physical loss or physical damage” resulting from…

Read More »

Posted In: Intentional Conduct

A Blow to the Face Arises From Assault and Battery for Purposes of Determining an Insurer’s Duty to Defend, Even if the Complaint Alleges Negligence.

The Court Also Holds That an Employee is an “Insured,” But Not the “Named Insured,” and Therefore is Not Entitled to Assault and Battery Coverage Applicable to Only the Named…

Read More »

Posted In: Environmental and Toxic Torts, Uncategorized

Appeals Court Untangles Dispute Over Insurance for Home Heating Oil Spill

Decision Addresses Nature and Purpose of Collateral Source Rule. Happily, in this case there was plenty of insurance coverage for the remediation of a home heating oil spill.  But it…

Read More »

Posted In: Uncategorized

In the Event of a First Party Payment After a Loss, the “Collateral Source” Rule Works Most of the Time to Permit the Subrogated Insurer to Sue for the Full Amount of the Loss – But Not Always.

The collateral source rule applies so that if a plaintiff has recovered for a loss from his or her own insurer, that recovery is a “collateral source,” and does not…

Read More »

Posted In: Policy Construction

It’s a Bird, It’s a Plane, It’s an “Aircraft” — Coverage For Injury Caused By A Drone Is Barred By Aircraft Exclusion

A California federal judge has recently held that a drone is an “aircraft.”  Therefore, the liability insurer for a drone operator was not required to defend or indemnify the insured…

Read More »

Find an Attorney