Between the Lines

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

Archive for March, 2016

Posted In: Policy Construction

Policy Expires, Accident Occurs: Insurer on the Hook (Why You Can Never Read a Policy Too Carefully)

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…

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Posted In: Contribution and Subrogation, Other Insurance

Massachusetts Says “No” to Selective Tender Rule

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…

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Posted In: Claims Handling and Settlement

How to Lose $10M in Coverage: Don’t Train Your Front Line Claims Employees

Why do apparently sophisticated insureds keep losing out on millions of dollars in coverage for failure to take the one small step required to avail themselves of that coverage: providing…

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Posted In: Uncategorized

Responding to a New Damage Theory by Asking for More Information Isn’t an Unfair Settlement Practice

Insurers should take comfort in a new Massachusetts Appellate Division case, which sided with an auto insurer that initially offered the lowest end of its claim valuation, and, upon receiving…

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