Between the Lines

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

Archive for Claims Handling and Settlement Category

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…

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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…

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Posted In: Claims Handling and Settlement, Duty to Defend, Duty to Indemnify, Intentional Conduct, Policy Construction, Uncategorized

SJC Addresses Whether and When Insured Can Settle Without Insurer’s Consent and Limits on Enforceability Against Insurer of a Settlement to Which the Insurer Did Not Consent

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Case also determines when an insurer can stay a suit against the insured when there is a coverage dispute and whether paying the limits into court tolls the insurer’s liability…

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Posted In: Claims Handling and Settlement

Finding of Unfair Claim Settlement Practices and Treble Damage Award Reversed by Massachusetts Appeals Court

Insurer Reasonably Disputed Claim of Neurological Injuries From Auto Accident. The arbitration award in the auto accident case that gave rise to this claim for unfair claim settlement practices was…

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Posted In: Claims Handling and Settlement

Court Finds an Unfair and Deceptive Practice When an Insurer Uses its Investigation to Confirm a Predetermined and Inadequately Supported Conclusion, Rather than Conduct an Objective Analysis.

Massachusetts General Laws Chapter 176D states that it is an unfair claim settlement practice for an insurer to “refus[e] to pay claims without conducting a reasonable investigation based upon all…

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Posted In: Claims Handling and Settlement

How to Lose $10M in Coverage: Don’t Train Your Front Line Claims Employees

Why do apparently sophisticated insureds keep losing out on millions of dollars in coverage for failure to take the one small step required to avail themselves of that coverage: providing…

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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: 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: Claims Handling and Settlement

Be Careful Who You Select as an Expert in a Coverage Case

Forty Years as an Adjuster Does Not an Admissible Opinion Make Experience may make you qualified to testify as an expert. But only laying a proper foundation by translating that…

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