Between the Lines

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

Archive for March, 2013

Posted In: Uncategorized

Come On In, The Water’s Fine – Faulty Work May Be A Covered Occurrence

The Second Circuit recently weighed in on the frequently disputed issue of coverage for claims arising from defects in the insured’s work.  In Scottsdale Insurance Company v. R.I. Pools, (2nd…

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Posted In: Policy Construction, Practice and Procedure

Can an Insurer Make a Payment But Then Seek Reimbursement from its Insured?

In Massachusetts, the answer would appear to be “no.”  In the recent Metropolitan Life Ins. Co. v. Cotter, the SJC held against an insurer seeking reimbursement for benefits it had…

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Posted In: Additional Insureds, Duty to Indemnify, Policy Construction

Answer in the Form of a (Special Jury) Question

The New Hampshire Supreme Court held last month that limiting language in a policy heading is ineffective if the text of the provision promises broader coverage.  The result is not…

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Posted In: Additional Insureds, Duty to Defend, Policy Construction

Connecticut Hands Down a Case Insurers Will Love

In a decision handed down this week, the Connecticut Supreme Court held that although the phrase “arising out of” is broad, it isn’t limitless.  The Court also split on the…

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Posted In: Duty to Cooperate, Duty to Defend

Honesty Is the Best Policy

What happens when efforts to encourage professionals to disclose mistakes come up against professional liability policies that prohibit insureds from admitting liability without the insurer’s consent?  No New England court…

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Posted In: Personal and Advertising Injury

In the Age of Facebook, CGL Policy Privacy Coverage is Shrinking Fast

Until recently, purchasers of commercial general liability (CGL) insurance could count on protection for claims alleging privacy violations and breach of confidentiality.  But that was before tweeting and Facebook.  Confirming…

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Posted In: Duty to Settle

Claimant’s Delay in Providing Information Defeats Bad Faith Suit

A new Massachusetts Appeals Court case confirms that insurers have the right to fully investigate damages and liability before they must make a settlement offer . . . and that plaintiffs…

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Posted In: Directors & Officers

Terms that Can Magnify the Power of a D&O Exclusion

In a result that may at first appear harsh, Judge Casper of Massachusetts federal district court has made clear that when an insurance exclusion uses the words “arising out of,”…

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