Between the Lines

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

Archive for Intentional Conduct Category

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


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: Intentional Conduct

A Blow to the Face Arises From Assault and Battery for Purposes of Determining an Insurer’s Duty to Defend, Even if the Complaint Alleges Negligence.

The Court Also Holds That an Employee is an “Insured,” But Not the “Named Insured,” and Therefore is Not Entitled to Assault and Battery Coverage Applicable to Only the Named…

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Posted In: Intentional Conduct

Retaliation is “Inherently Willful,” and Therefore Excluded, Court Rules

An Insurer’s Duty to Defend a Town Ended When the Suit Against the Town Over an Airport Permit Was Reduced to an Excluded Retaliation Claim. Frustrated when the Norwood Airport…

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Posted In: Duty to Defend, Intentional Conduct

Do Allegations of Intentional Conduct Relieve an Insurer of Its Duty to Defend?

In Liberty Mutual Fire Insurance Company v. Casey, 2017 WL 1186467 (Mass. App. Ct. 2017), Casey, Williams, and others, teenagers, smoke marijuana and consumed alcohol at a fiesta, then left…

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