Archive for December, 2019
Posted In: Claims Handling and Settlement
Policyholder Veto Power Over Settlement Does Not Conflict with Insurer’s Duty to Settle Under Massachusetts Unfair Insurance Practices Statute.
Insurer Is Still Obligated To Conduct Reasonable Investigation And Make Good Faith Effort To Settle When Liability Is Reasonably Clear. Many professional liability policies provide that the insurer will not…
Posted In: Duty to Defend
Insurers Can No Longer Deny Coverage on the Basis that the Conduct Alleged is Intentional.
A recent Massachusetts federal court decision (Stearns, J.) addresses two vexing coverage questions involving Massachusetts coverage law: Does a tort plaintiff have standing to argue in favor of coverage before…
Posted In: Practice and Procedure
Plaintiff’s “Reptile Theory” Closing was Improper
But Appeals Court Vacates Order For New Trial And Remands, Concluding That The Trial Judge Applied the Wrong Standard In Allowing A Motion for Mistrial. This blog entry takes a…
Posted In: Claims Handling and Settlement, Property Coverage
First Circuit Affirms Summary Judgment that Insurer did not act Unfairly or Violate Chapter 93A in Handling Ice Dam Claim.
A Large Disparity Between Insurer’s Offers And A Reference Award Is Not Sufficient for an Insured to Defeat Insurer’s Summary Judgment Motion. Homeowners’ insurance claims for water infiltration due to…