Between the Lines

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…

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…

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…

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…

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…

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…

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…

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,”…