Between the Lines

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

Archive for 2012

Posted In: Employment Claims, Sexual Abuse

Prior Arbitration Establishes Exclusion: No Coverage Under EPL Policy for Reckless or Willful Sexual Harassment

In a case won by Anderson & Kreiger, and argued by this blogger, the First Circuit rejected a policyholder’s argument that he was entitled to re-litigate an arbitration panel’s determination…

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Posted In: Duty to Defend

Does the CGL Insurer Have to Defend Before There is a Lawsuit? It Can Easily Be a Six Figure Question

Although other policies (EPLI, D&O, E&O) have expanded upon the types of proceedings they will defend, the insurance industry has stood firm under CGL polices and defend only civil “suits.” …

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Posted In: Uncategorized

NH Medical Malpractice Mandatory Screening Panel Statute Largely, But Not Completely, Upheld

In a recent decision, In re Southern New Hampshire Medical Center, the New Hampshire Supreme Court held that the state statute permitting the admission at medical malpractice trials of unanimous…

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Posted In: Uncategorized

The $80,000 Question for Hospitals Under the New Massachusetts Health Reform Act.

Under Massachusetts law, G.L. c. 231, § 85K (the charitable cap), recoveries on tort claims against charitable corporations, including hospital organized as 501(c)(3) hospitals organized as corporations, long have been subject…

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Posted In: Duty to Cooperate

What Can an Insurer Do When the Insured Won’t Play Nice?

One of the most vexing issues for liability insurers is what to do with an uncooperative insured.  While it doesn’t happen often in the professional liability arena, when it does,…

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Posted In: Uncategorized

Reasonable Attorney’s Fees – Redux

An insurer’s obligation to pay “reasonable” attorney’s fees incurred by the insured continues to be a matter of contention.  The issue most commonly arises in two contexts: when the insurer…

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Posted In: Duty to Defend, Uncategorized

Non-Negotiable

When is an e-mail offer of employment a negotiable instrument?  Never, says the court in a case that is just a bit less creative than that introduction makes it sound.  A…

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Posted In: Uncategorized

Reasonableness of Insurer Covered Legal Fees Is In the Eye of the Beholder

As noted previously, when the insurer reserves its rights, the insured usually gets to pick counsel.  If that counsel is not one regularly employed by the insurer, fights over rates…

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Posted In: Uncategorized

A Bird in the Hand? The New Hampshire Early Offer Statute

On January 1, 2013, a New Hampshire statute intended to streamline medical malpractice litigation by allowing claimants to invoke an “early offer” process will take effect.  Under the statute, claimants…

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Posted In: Employment Claims

NO SOUP FOR YOU! (Part III)

No Coverage For Massachusetts Tips Cases, Say Three Trial Court Judges Here is the last of three posts on recent Massachusetts tips act coverage cases.  Click these links to see…

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