Between the Lines

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

Archive for 2014

Posted In: Uncategorized

First Circuit: Employment-Related Practices Exclusion Applies to Independent Contractor

Court Looks to Dictionary for Plain Meaning of Employment While the distinction between an employee and an independent contractor  is critical in wage and hours, workers compensation and vicarious liability…

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Posted In: Regulation

Ride-Sharing and Auto Insurance: Hybrid Personal-Commercial Insurance is Coming

Uber, Lyft and other ride-sharing businesses have been beset with regulatory problems (these companies are also referred to as TNC’s, for “transportation network companies”).  Just in the past few weeks,…

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Posted In: Duty to Defend

No Duty to Defend for Complaint That Is Consistent With the Possibility of Covered Claims, But Doesn’t Allege Them

The First Circuit recently held that even a broad duty to defend standard does not require a court to speculate about claims the plaintiff does not state.  As a result,…

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Posted In: Policy Construction

Tell It Like It Is: The ALI’s Liability Insurance Law Project Will Be Converted To A Restatement

The ALI  has converted its Principles of the Law of Liability Insurance project to a Restatement of the Law of Liability Insurance. This is a significant change.  Restatements codify the…

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Posted In: Uncategorized

Massachusetts Supreme Judicial Court Rejects Interpretation Contrary to Intent of Unfair Trade Practices Law

Interlocutory Appeal Clarifies How Multiple Damages Work Under Chapter 93A: Even Payment of All Actual Damages with Interest Will Not Preclude Multiple Damages if Payment Comes After the c. 93A…

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Posted In: Duty to Defend

Insurer’s Duty to Defend Trumps Contract and Professional Services Exclusions

In insurance contracts, the term “‘arising out of’ must be read expansively” – even when used in exclusions, according to a new superior court decision. Nonetheless, Judge Judith Fabricant ruled…

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Posted In: Environmental and Toxic Torts

Pollution Insurance Coverage: What Did the Insured Know and When Did It Know It?

A new Appeals Court decision (litigated on behalf of the insureds by Anderson & Kreiger) has restored the usefulness of pollution legal liability (PLL) policies, overturning a Superior Court decision…

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Posted In: Duty to Defend

Contribution No More: New Case Calls Equitable Contribution Among Insurers Into Doubt

In a federal district court decision that could have far-reaching implications, Judge Denise Casper found the “selective tender” rule trumped the doctrine of “equitable subrogation” – a surprising holding. In Massachusetts,…

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Posted In: Uncategorized

Uber, Distracted Driving and Insurance Gaps

A simmering debate over insurance coverage for ride-sharing exploded when a driver, allegedly distracted by searching for a fare on the Uber app, hit and killed a six-year-old in a…

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Posted In: Uncategorized

If It Is a “Knowing and Willful” Violation of c. 93A, It Is Not Covered

That is not a surprising holding, but the decision by federal district court Judge Stearns in American Guarantee & Liability Ins. Co. v. Lamond is one of the few to…

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