Between the Lines

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

Archive for August, 2014

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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Posted In: Duty to Defend

No Tender? No Problem, Says Massachusetts Trial Court, in a Case That May Help Insurers Decide What to Do When They Are Notified of a Default Against a Policyholder

Superior Court finds no prejudice from policyholder’s failure to give insurer notice of suit, and rejects argument that policyholder was required to tender the suit for a defense.   Insurer…

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Posted In: Duty to Defend

Declaratory Judgments: A Useful Work-Around for Insurers Unfairly Paying to Defend Insureds

A recent Connecticut Supreme Court decision illustrates a useful work-around for insurers wrongly stuck with the full tab for defending an insured in pending litigation. Two more direct methods may…

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