Between the Lines

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

Archive for 2014

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…

Read More »

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…

Read More »

Posted In: Construction Defects

If a Tree Falls in a Forest, Is It an Occurrence?

Not If You Cut More Trees Than Called For in Your Contract. That’s Faulty Workmanship, Not an Accident, Massachusetts Appeals Court Rules; Business Risk Exclusions Also Bar Coverage. In light…

Read More »

Posted In: Uncategorized

Discovery Shootout at the Sirloin Saloon: Insurers Need to Show That They Investigated to Defend the Insured – Not to Evaluate Coverage – to Get Work Product Protection, at Least in the 2d Circuit

Insurer’s Investigation in Anticipation of Dram Shop Action Is Not Protected Work Product Because Insured Did Not Meet Its Burden to Show That Independent Adjuster’s Report Would Not Have Been…

Read More »

Posted In: Duty to Defend

The Insurer’s Right to Select Counsel – Even After it Reserves Rights

Although we tend to limit our coverage to New England decisions, every once in a while a decision comes down that could have significant implications for corporate insureds.  The 5th …

Read More »

Posted In: Uncategorized

Bad Faith Case Goes from Bad to Worse: Multiple Damage Awards in 93A Cases Based on Unfair Settlement Practices Should NOT Subtract the Underlying Tort Judgment

Massachusetts Superior Court Increases Earlier Punitive Damage Award and Adds $1.2 Million in Attorney Fees. In the typical (non-insurance) Chapter 93A case, the facts that give rise to the underlying…

Read More »

Posted In: Personal and Advertising Injury

Three Strikes, You’re Out: General Liability Coverage and Privacy Claims

Retailer Whiffs on Personal and Advertising Injury Coverage for ZIP Code Claims Policyholders don’t have a great batting average lately for coverage claims under general liability policies where the underlying…

Read More »

Posted In: Uncategorized

Our Two Cents on Cyber Insurance Coverage Was Published in MASS LAWYERS WEEKLY

Mass Lawyers Weekly published our letter to the editor on insurance for data breaches, “‘Cyberinsurance’ warrants new, careful consideration.” Steve Schreckinger, Tamara Wolfson and Harvey Nosowitz wrote in response to…

Read More »

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…

Read More »

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…

Read More »

Find an Attorney