Between the Lines

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

Archive for 2012

Posted In: Employment Claims

NO SOUP FOR YOU! (Part II)

No Coverage For Massachusetts Tips Cases, Say Three Trial Court Judges This is the second of three posts on recent Massachusetts tips act coverage cases.  The first post is here….

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Posted In: Employment Claims

NO SOUP FOR YOU! (Part I)

No Coverage For Massachusetts Tips Cases, Say Three Trial Court Judges Tips cases – claims that restaurants or other employers improperly pooled or failed to distribute gratuities – are increasingly…

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Posted In: Property Coverage

First Circuit and District of Massachusetts Wade Into Flood Insurance Issues

The First Circuit has not had much occasion in the past to opine on issues under the National Flood Insurance Program (“NFIP”).  Its recent decision in McGair v. American Bankers…

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Posted In: Duty to Defend

The Insured May Not Always Get to Pick Its Own Counsel. Really!!!

A bane of many insurers is that where there is complex litigation, there is invariably a reservation of rights.  And where there is a reservation of rights, the insured invariably…

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Posted In: Uncategorized

Seepage or Surface Water? No Need to Split Hairs if an ACC Clause Applies.

In two earlier posts (Water, Water Everywhere and Concurrent Confusion), we discussed anti-concurrent causation (ACC) clauses.  ACC clauses are provisions in insurance policies (typically first-party policies) that state that if…

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Posted In: Uncategorized

Too Much Information, or Why Not to Include Privileged Information in a Notice of Claim?

A construction company hits a water pipe while doing excavation work.  Two nearby properties sustain water damage.  The insurers for the property owners pay out and sue the construction company…

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Posted In: Duty to Defend

If a Drum Leaks at a Waste Site and No One is There See It . . .

New England Container Company, Inc. disposed of industrial waste at what is now the Rhode Island Centredale Manor Superfund site from 1952 to 1969, according to a lawsuit filed against…

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Posted In: Uncategorized

The Health Payment Reform Act-Provisions Affecting Medical Malpractice Litigation

On August 6, 2012, Massachusetts Governor Deval Patrick signed into law the Health Payment Reform Act.  This wide-ranging legislation is intended to improve health care quality and to reduce health…

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Posted In: Uncategorized

Water, Water Everywhere-But No Insurance Coverage

A hard rain falls.  The drain in the parking lot of a commercial building is blocked.  Shortly after the storm begins, water stops flowing down the drain and begins to…

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Posted In: Duty to Defend, Duty to Settle, Uncategorized

When Does the Insurer’s Duty to Defend Begin?

Can an insurer be liable for a settlement reached by the insured before suit? When the insured injured the claimant in a bar room brawl, the insured notified Vermont Mutual. …

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