Between the Lines

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

Author Archive : Tamara Wolfson

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: Uncategorized

As Easy as Falling Off a Truck: Court Rejects Coverage for Data Privacy Breach

A recent Connecticut case gives companies yet another reason to purchase cyber liability coverage. On January 14, 2014, the Connecticut Appellate Court issued a decision in Recall Total Information Management,…

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Posted In: Uncategorized

Come On In, The Water’s Fine – Faulty Work May Be A Covered Occurrence

The Second Circuit recently weighed in on the frequently disputed issue of coverage for claims arising from defects in the insured’s work.  In Scottsdale Insurance Company v. R.I. Pools, (2nd…

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Posted In: Duty to Settle

Claimant’s Delay in Providing Information Defeats Bad Faith Suit

A new Massachusetts Appeals Court case confirms that insurers have the right to fully investigate damages and liability before they must make a settlement offer . . . and that plaintiffs…

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Posted In: Self Insurance

Mandatory Coverage Requirements Trump Self-Insured Retention

The Rhode Island Supreme Court has dealt a blow to insurers that rely on a self-insured retention (SIR) to limit coverage to liability in excess of the retention. In Peloquin…

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Posted In: Uncategorized

The Health Payment Reform Act-Provisions Affecting Medical Malpractice Litigation

On August 6, 2012, Massachusetts Governor Deval Patrick signed into law the Health Payment Reform Act.  This wide-ranging legislation is intended to improve health care quality and to reduce health…

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Posted In: Policy Construction

Exclusions Cannot Create Coverage – No Coverage for Claim by Independent Contractor’s Employee

After Jose Romero toppled from a ladder at a building undergoing renovations, he sued the building’s owner.  Romero allegedly had been hired as a day laborer by a subcontractor.  The…

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Posted In: Uncategorized

Abuse Exclusions – When is Someone in the “Care, Custody or Control of the Insured”?

Sadly, cases of sexual and physical abuse remain an ongoing problem.  Because the perpetrators are often judgment proof, suits against others who allegedly could have prevented the abuse, such as…

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Posted In: Uncategorized

Does Suing Your Insurer Mean Waiving the Attorney-Client Privilege?

According to the First Circuit, the answer is a definite maybe if the attorney was retained by the insurer to defend the insured, and also reported to the insurer. In…

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Posted In: Uncategorized

Small Words Make A Big Difference – Use of “an” Instead of “the” in an Exclusion Leads to No Coverage. A Severability Clause Does Not Save the Day.

A March 30, 2012 decision by the Vermont Supreme Court in Co-operative Insurance Companies v. Woodward, is a good reminder of how small differences in policy wording can have a…

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