Between the Lines

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

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…

Read More »

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…

Read More »

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…

Read More »

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…

Read More »

Find an Attorney