Between the Lines

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

Recent Posts

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…

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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…

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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…

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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…

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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…

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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…

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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…

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Posted In: Professional Liability

Professional Liability Insurer has Duty to Defend Suit Over Law Firm Split Where the Allegations Encompass Professional Obligations as well as Business Decisions.

Professional liability coverage disputes often turn on the question whether the alleged conduct constitutes “professional services,” or business activities of a non-professional nature.  So, for example, filing a client’s complaint…

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Posted In: Uncategorized

Broker Liability in the Forefront

When an insurer refuses to pay, the next place an insured frequently looks to cover a loss is to its broker. The Massachusetts courts have recently opined on when this…

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Posted In: Policy Construction

Contractual Limitations Period in Life Insurance Policy Bars Contract-Based Claims, But Not Tort-Based Claims

Court Holds That Deceit, Negligence and Tort-Based Consumer Protection Claims Are Not Time-Barred  Among the many reasons to read your insurance policy carefully is that it, like other contracts, may…

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