Between the Lines

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

Archive for 2013

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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Posted In: Construction Defects

The Connecticut Supreme Court’s Summer of Insurance — Part II: GL Policies May Provide Coverage for Some Damage Caused by Defective Construction

When a general contractor seeks coverage under its general liability policy for losses resulting from defective work on a construction project, disputes inevitably follow.  Typically contested issues include whether there…

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Posted In: Environmental and Toxic Torts

Pollution Coverage May Be Elusive, Even Under a Pollution Liability Policy

If you are buying insurance for a formerly polluted site, be careful – you may not be buying as much protection as you thought. A recent Superior Court decision has…

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Posted In: Policy Construction

Connecticut Supreme Court’s Summer of Insurance – Part I: Multiple Claims Arising from the Same Fire Are Not “Related”

In the last two months, the Connecticut Supreme Court decided three separate insurance coverage disputes, each of which involved significant issues.  This post, the first of three, discusses the Court’s…

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Posted In: Uncategorized

Insurer Successfully Limits Exposure on Pre-Judgment Interest

In a creative, but unsuccessful argument, an insured sought coverage for the costs of posting a bond secured after an adverse judgment. The bond was used to release an attachment…

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Posted In: Personal and Advertising Injury

Business is Business, Says Maine Supreme Court

No Coverage under Homeowners Policy for Libel in Trade Publication The publisher of a shipping industry trade publication printed some things about a freight railroad company that the company didn’t…

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Posted In: Property Coverage

It May Be Junk, But It’s Not Covered

These days, when insurers and policyholders debate whether or not there has been “direct physical loss or damage,” they are often talking about electronic information.  Far from Silicon Valley in…

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Posted In: Duty to Defend

An Elegant Duty-to-Defend Decision

In a divided area of duty-to-defend law, a Vermont trial court just handed down a well-reasoned decision that provides a useful model for future cases.  The key question in the…

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Posted In: Environmental and Toxic Torts

Wading into a Maelstrom: Defense Allocation for Long-Tail Claims Under Boston Gas?

And If Insureds Share Costs, Who Controls Defense and Settlement?  For the most part, appellate courts addressing insurance allocation for claims of progressive injury under Massachusetts law have taken a…

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