Between the Lines

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

Author Archive : Anne Robbins

Posted In: Duty to Defend

Declaratory Judgments: A Useful Work-Around for Insurers Unfairly Paying to Defend Insureds

A recent Connecticut Supreme Court decision illustrates a useful work-around for insurers wrongly stuck with the full tab for defending an insured in pending litigation. Two more direct methods may…

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Posted In: Construction Defects

Accidents Happen, But GL Coverage Doesn’t Necessarily Follow

I recently wrote about the Connecticut Supreme Court’s decision addressing the often-contested question of whether the standard form CGL policy covers damage caused by defective construction. Connecticut found that where…

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Posted In: Uncategorized

The Connecticut Supreme Court’s Summer of Insurance – Part III: Deductibles Remain Deductible

This summer, the Connecticut Supreme Court held in a pro-insurer decision that insureds may not rely on the “make whole” doctrine to recoup amounts they pay to satisfy deductibles.  An…

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Posted In: Construction Defects

The Connecticut Supreme Court’s Summer of Insurance — Part II: GL Policies May Provide Coverage for Some Damage Caused by Defective Construction

When a general contractor seeks coverage under its general liability policy for losses resulting from defective work on a construction project, disputes inevitably follow.  Typically contested issues include whether there…

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Posted In: Policy Construction

Connecticut Supreme Court’s Summer of Insurance – Part I: Multiple Claims Arising from the Same Fire Are Not “Related”

In the last two months, the Connecticut Supreme Court decided three separate insurance coverage disputes, each of which involved significant issues.  This post, the first of three, discusses the Court’s…

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Posted In: Duty to Defend

An Elegant Duty-to-Defend Decision

In a divided area of duty-to-defend law, a Vermont trial court just handed down a well-reasoned decision that provides a useful model for future cases.  The key question in the…

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Posted In: Additional Insureds, Duty to Indemnify, Policy Construction

Answer in the Form of a (Special Jury) Question

The New Hampshire Supreme Court held last month that limiting language in a policy heading is ineffective if the text of the provision promises broader coverage.  The result is not…

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Posted In: Additional Insureds, Duty to Defend, Policy Construction

Connecticut Hands Down a Case Insurers Will Love

In a decision handed down this week, the Connecticut Supreme Court held that although the phrase “arising out of” is broad, it isn’t limitless.  The Court also split on the…

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Posted In: Duty to Cooperate, Duty to Defend

Honesty Is the Best Policy

What happens when efforts to encourage professionals to disclose mistakes come up against professional liability policies that prohibit insureds from admitting liability without the insurer’s consent?  No New England court…

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Posted In: Practice and Procedure

Website Launched for Those Who “CARe”

As we previously blogged, the 2012 Massachusetts Payment Reform legislation aims to encourage apologies and expressions of sympathy by healthcare providers by making such statements inadmissible (subject to some exceptions)…

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