Between the Lines

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

Archive for 2013

Posted In: Duty to Defend

Never Mind, Says Pennsylvania Court: Narrow Pleading Rule Doesn’t Limit Insurer’s Duty To Defend Product Liability Claim

Product liability law lies at the intersection of tort and contract law.  In some jurisdictions (my home state of Massachusetts is one) a product liability claim is pled as a…

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Posted In: Uncategorized

Who Pays to Defend Those Damn Subpoenas?

All too often a company’s first and only response to a DOJ, SEC, or IRS subpoena is to bring in the big legal guns. While that’s fine, it’s not enough….

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Posted In: Claims Handling and Settlement

Be Careful Who You Select as an Expert in a Coverage Case

Forty Years as an Adjuster Does Not an Admissible Opinion Make Experience may make you qualified to testify as an expert. But only laying a proper foundation by translating that…

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Posted In: Uncategorized

Charting a Course to the Safe Harbor of Chapter 93A

Insurer Misses the Boat and Court Denies Summary Judgment in Claimant’s Unfair Settlement Practices Suit A recent Massachusetts Superior Court ruling tells of a journey fraught with peril for a liability insurer trying…

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Posted In: Property Coverage

National Flood Insurance and Businesses: The Price of A Clam Roll May Be Rising

The National Flood Insurance Program’s redrawing of flood maps and roll-back of flood insurance subsidies for some properties have caused an uproar from homeowners in coastal and other areas where…

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Posted In: Directors & Officers

The Devil Is in the Details

D&O Policy May Cover Judgment Against Company for Intentional Misrepresentations During Negotiations Leading To Asset Purchase Agreement Rhode Island District Court Denies Insurer’s Motion to Dismiss After a jury found…

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Posted In: Construction Defects

Accidents Happen, But GL Coverage Doesn’t Necessarily Follow

I recently wrote about the Connecticut Supreme Court’s decision addressing the often-contested question of whether the standard form CGL policy covers damage caused by defective construction. Connecticut found that where…

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Posted In: Property Coverage

Is That Water: (a) Rain, (b) Surface Water, or (c) Overflow From A Drain? (Hint: “All Of The Above” Is Not An Option)

Just as Eskimos are said to have many words for snow, property insurance policies have many words for water.  Consider, as the First Circuit recently did, the water collecting on…

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Posted In: Environmental and Toxic Torts

Everybody Complains About the Weather, but Whose Fault Is It?

Earlier this week I attended a Boston Bar Association presentation on climate change and insurance.  The speaker was Lindene Patton, Chief Climate Product Officer at Zurich Insurance Group.  It should…

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Posted In: Uncategorized

The Connecticut Supreme Court’s Summer of Insurance – Part III: Deductibles Remain Deductible

This summer, the Connecticut Supreme Court held in a pro-insurer decision that insureds may not rely on the “make whole” doctrine to recoup amounts they pay to satisfy deductibles.  An…

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