Between the Lines

In 1990, the Massachusetts Supreme Judicial Court held that a demand letter from the EPA to a potentially responsible party (PRP) under CERCLA is the functional equivalent of a suit…

In a decision of significance on many hot-topic issues in coverage law, the Massachusetts Appeals Court decided Rass v. Travelers earlier this month. The court found that: an insurer has no…

AIG unsuccessfully sought to disengage itself from Bill Cosby by seeking a declaration that it had no duty to defend or indemnify Cosby in three underlying suits. The decision is…

Two recent federal appeals decisions demonstrate that, in most cases, an allegation of intentional conduct is not enough to relieve insurers of the duty to defend under personal injury coverage….

The New York Court of Appeals’ recent Viking Pump opinion may help policyholders who seek to argue that — notwithstanding the Massachusetts Supreme Judicial Court’s application of pro rata allocation…

Professional Liability Policy Covers Claims by Competitors. In an unusual professional liability coverage case arising out of claims against the insured by a competitor (rather than a client), the First…

Information accessible on the internet is “Published” even if no one reads it Updated: Please see below for a letter from a reader suggesting this case would have gone differently…

Not necessarily. Twice is nice, but sometimes once is enough, says Massachusetts federal district court. An insurer’s  initial reservation of rights can be sufficient to preserve the right to disclaim…

Applying Georgia law, the 11th Circuit has concluded that the definition of “occurrence” is ambiguous. The take away is: don’t assume that, if there is an accident after a policy…

Massachusetts policyholders can’t protect their limits or prevent premium increases by notifying only one of two insurers that might cover a claim. In other words, Massachusetts will not be joining…