Between the Lines

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

Archive for May, 2014

Posted In: Claims Handling and Settlement

“If You Snooze, You Lose:” Even Under Occurrence Policies

As I explored in a recent post, late notice is generally fatal under “claims-made” policies. But, as hazardous waste cases continue to bubble to the surface, it is clear that late…

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Posted In: Duty to Defend

The Bad Seed

Insurers’ Argument Against Duty to Defend, Rooted in Extrinsic Evidence, Fails to Bear Fruit. District of Maine Rules That Insurers Must Defend Seed Grower Against Claim by Organic Farm. Insurers…

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Posted In: Contract Claims

Paying Attention to the Drafting of Insurance Provisions in Contracts Can Save Thousands in Litigation Costs

A recent Texas decision makes clear that, when drafting contracts for clients, you cannot simply rely on the fact that your client has been added to a policy as an…

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Posted In: Uncategorized

No Harm, No Foul? Can an Insurer Avoid Multiple Damages for Bad Faith Under Chapter 93A by Paying Actual Damages After a Court Finds a Duty to Defend Breach?

Massachusetts Supreme Judicial Court will decide whether an insurer’s payment of all defense and clean-up costs with interest, after a summary judgment ruling declaring a breach of the duty to…

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Posted In: Claims Handling and Settlement

“If You Snooze You Lose:” Give Prompt Notice of Claims under Claims Made Coverage

                      A recent decision from the Business Law Section of the Superior Court demonstrates the risks of failing to give…

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