Between the Lines

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

Archive for 2016

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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Posted In: Excess Insurance

Excess Insurers Have No Duty to Defend Until Primary Coverage is Exhausted – Even in New Hampshire

The State Supreme Court Clears Up Long-Ambiguous Case Law on Excess Coverage The general rule is that an excess insurer’s duty to defend is triggered only when the primary insurer’s…

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Posted In: Duty to Defend

Insurance for “Malicious Prosecution” Doesn’t Cover an “Abuse of Process” Claim

“Love thy neighbor” was obviously not the principle governing the behavior of the Kaplans and the Costellos, neighbors in Hull, Massachusetts. When the Kaplans sued, the Costellos’ counterclaimed alleging an…

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