Between the Lines

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

Author Archive : Steve Schreckinger

Posted In: Duty to Defend

Contribution No More: New Case Calls Equitable Contribution Among Insurers Into Doubt

In a federal district court decision that could have far-reaching implications, Judge Denise Casper found the “selective tender” rule trumped the doctrine of “equitable subrogation” – a surprising holding. In Massachusetts,…

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Posted In: Uncategorized

If It Is a “Knowing and Willful” Violation of c. 93A, It Is Not Covered

That is not a surprising holding, but the decision by federal district court Judge Stearns in American Guarantee & Liability Ins. Co. v. Lamond is one of the few to…

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Posted In: Duty to Defend

The Insurer’s Right to Select Counsel – Even After it Reserves Rights

Although we tend to limit our coverage to New England decisions, every once in a while a decision comes down that could have significant implications for corporate insureds.  The 5th …

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Posted In: Uncategorized

Our Two Cents on Cyber Insurance Coverage Was Published in MASS LAWYERS WEEKLY

Mass Lawyers Weekly published our letter to the editor on insurance for data breaches, “‘Cyberinsurance’ warrants new, careful consideration.” Steve Schreckinger, Tamara Wolfson and Harvey Nosowitz wrote in response to…

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Posted In: Claims Handling and Settlement

“If You Snooze, You Lose:” Even Under Occurrence Policies

As I explored in a recent post, late notice is generally fatal under “claims-made” policies. But, as hazardous waste cases continue to bubble to the surface, it is clear that late…

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Posted In: Contract Claims

Paying Attention to the Drafting of Insurance Provisions in Contracts Can Save Thousands in Litigation Costs

A recent Texas decision makes clear that, when drafting contracts for clients, you cannot simply rely on the fact that your client has been added to a policy as an…

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Posted In: Claims Handling and Settlement

“If You Snooze You Lose:” Give Prompt Notice of Claims under Claims Made Coverage

                      A recent decision from the Business Law Section of the Superior Court demonstrates the risks of failing to give…

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Posted In: Uncategorized

In Massachusetts, Can an Insurer Obtain Contribution to a Settlement From Its Insured if the Insured Objects?

Despite a recent case to the contrary, the answer in future will likely be “yes.” Graphics Arts Mutual Ins. Co. v. D.N. Lukens, Inc. – which Harvey Nosowitz discussed here,…

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Posted In: Uncategorized

Who Pays to Defend Those Damn Subpoenas?

All too often a company’s first and only response to a DOJ, SEC, or IRS subpoena is to bring in the big legal guns. While that’s fine, it’s not enough….

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Posted In: Uncategorized

Insurers Have a Right to be Wrong on Valuing a Settlement Without Acting in Bad Faith

In Massachusetts when an insurer doesn’t offer “enough” and the insured loses more at trial, all too often the next event is a c. 93A lawsuit against the insurer for…

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