Between the Lines

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

Recent Posts

Posted In: Uncategorized

Show us the money! Finding insurance coverage for all of your pandemic pains.

Will There Be Insurance Coverage for Tuition Refund And Other COVID-19 Related Claims?

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Posted In: Additional Insureds, Policy Construction

Small Words in an Insurance Policy Make a Big Difference

Contractor Not Covered Under Subcontractor’s Policy For Claim By Subcontractor’s Employee. The rules for interpreting a contract, including an insurance policy, require a court to give meaning and effect to…

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Posted In: COVID-19

Does Your Massachusetts Business Have 150 or Fewer Full Time Employees and a Property Insurance Policy? You May Be Covered for COVID-19 Losses.

A bill (Senate No. 2888) currently pending in the Massachusetts Legislature could provide some much needed relief for businesses such that have incurred losses or interruptions due to COVID-19.  The…

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Posted In: Claims Handling and Settlement

Policyholder Veto Power Over Settlement Does Not Conflict with Insurer’s Duty to Settle Under Massachusetts Unfair Insurance Practices Statute.

Insurer Is Still Obligated To Conduct Reasonable Investigation And Make Good Faith Effort To Settle When Liability Is Reasonably Clear. Many professional liability policies provide that the insurer will not…

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Posted In: Duty to Defend

Insurers Can No Longer Deny Coverage on the Basis that the Conduct Alleged is Intentional.

A recent Massachusetts federal court decision (Stearns, J.) addresses two vexing coverage questions involving Massachusetts coverage law: Does a tort plaintiff have standing to argue in favor of coverage before…

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Posted In: Practice and Procedure

Plaintiff’s “Reptile Theory” Closing was Improper

But Appeals Court Vacates Order For New Trial And Remands, Concluding That The Trial Judge Applied the Wrong Standard In Allowing A Motion for Mistrial. This blog entry takes a…

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Posted In: Claims Handling and Settlement, Property Coverage

First Circuit Affirms Summary Judgment that Insurer did not act Unfairly or Violate Chapter 93A in Handling Ice Dam Claim.

A Large Disparity Between Insurer’s Offers And A Reference Award Is Not Sufficient for an Insured to Defeat Insurer’s Summary Judgment Motion.  Homeowners’ insurance claims for water infiltration due to…

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Posted In: Claims Handling and Settlement, Duty to Defend, Duty to Indemnify, Intentional Conduct, Policy Construction, Uncategorized

SJC Addresses Whether and When Insured Can Settle Without Insurer’s Consent and Limits on Enforceability Against Insurer of a Settlement to Which the Insurer Did Not Consent

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Case also determines when an insurer can stay a suit against the insured when there is a coverage dispute and whether paying the limits into court tolls the insurer’s liability…

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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…

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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…

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