Between the Lines

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

Archive for November, 2017

Posted In: Excess Insurance, Other Insurance

Primary Policy with Excess “Other Insurance” Clause and “True Excess” Policy Cover Same Level of Risk Based on Policy Language

Massachusetts Supreme Judicial Court Declines To Look Beyond Plain Language Of Policy To Consider Evidence Of Intent.  In Great Divide Ins. Co. v. Lexington Ins. Co., _ Mass. _ (2017),…

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Posted In: Claims Handling and Settlement

Court Finds an Unfair and Deceptive Practice When an Insurer Uses its Investigation to Confirm a Predetermined and Inadequately Supported Conclusion, Rather than Conduct an Objective Analysis.

Massachusetts General Laws Chapter 176D states that it is an unfair claim settlement practice for an insurer to “refus[e] to pay claims without conducting a reasonable investigation based upon all…

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