Between the Lines

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

Archive for September, 2013

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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Posted In: Uncategorized

Insurers Have a Right to be Wrong on Valuing a Settlement Without Acting in Bad Faith

In Massachusetts when an insurer doesn’t offer “enough” and the insured loses more at trial, all too often the next event is a c. 93A lawsuit against the insurer for…

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Posted In: Policy Construction

When Can an Insured “Reform” a Policy to Get Coverage Beyond Its Four Corners?

A new case on “reforming” insurance contracts may have less impact in the commercial context than some are predicting.  Traditionally, if the insured and insurer, including one acting through an…

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