Between the Lines

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

Archive for Policy Construction 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

handshake

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…

Read More »

Posted In: Policy Construction

Supplementary Payments Provision Does Not Cover Award of Attorney’s Fees

The Massachusetts Appeals Court has adopted a legal rather than lay interpretation of the term “costs,” concluding that an insurer’s obligation to pay “costs taxed” to the insured in a…

Read More »

Posted In: Policy Construction

It’s a Bird, It’s a Plane, It’s an “Aircraft” — Coverage For Injury Caused By A Drone Is Barred By Aircraft Exclusion

A California federal judge has recently held that a drone is an “aircraft.”  Therefore, the liability insurer for a drone operator was not required to defend or indemnify the insured…

Read More »

Posted In: Policy Construction

Contractual Limitations Period in Life Insurance Policy Bars Contract-Based Claims, But Not Tort-Based Claims

Court Holds That Deceit, Negligence and Tort-Based Consumer Protection Claims Are Not Time-Barred  Among the many reasons to read your insurance policy carefully is that it, like other contracts, may…

Read More »

Posted In: Policy Construction

Insurance for Airport Risks

The Devil is in the Details Three recent cases involving insurance for airport or aviation risks demonstrate that, as with insurance coverage generally, small details in insurance policies can have…

Read More »

Posted In: Policy Construction

Policy Expires, Accident Occurs: Insurer on the Hook (Why You Can Never Read a Policy Too Carefully)

Applying Georgia law, the 11th Circuit has concluded that the definition of “occurrence” is ambiguous. The take away is: don’t assume that, if there is an accident after a policy…

Read More »

Posted In: Construction Defects, Policy Construction

Policy Interpretation Begins with the Policy Language, Not Its Purpose, Says New Hampshire

Insurers embroiled in coverage disputes sometimes seek to offer evidence of the policy’s purpose or intent to support their interpretation of a disputed policy provision. In a decision interpreting the…

Read More »

Posted In: Policy Construction

Tell It Like It Is: The ALI’s Liability Insurance Law Project Will Be Converted To A Restatement

The ALI  has converted its Principles of the Law of Liability Insurance project to a Restatement of the Law of Liability Insurance. This is a significant change.  Restatements codify the…

Read More »

Posted In: Policy Construction

When Can an Insured “Reform” a Policy to Get Coverage Beyond Its Four Corners?

A new case on “reforming” insurance contracts may have less impact in the commercial context than some are predicting.  Traditionally, if the insured and insurer, including one acting through an…

Read More »

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…

Read More »

Find an Attorney