Between the Lines

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

Archive for December, 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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