Between the Lines

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

Archive for Uncategorized 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

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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: Cyber Liability, Duty to Defend, Uncategorized

An Insurer had a Duty to Defend a Claim Alleging the Negligent Transfer of the Claimant’s Money to an Email Scammer.

But No Duty To Indemnify Because The Insured Settled The Claim After The Statute Of Limitations Expired. A Texas federal District Court recently reconsidered its denial of cross-motions for summary…

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Posted In: Uncategorized

D. Mass. verdict: Insurer may be liable for bad faith for mistake of law

A recent ruling from the District of Massachusetts suggests that insurers are responsible for training their claims handlers to know and understand the law affecting their insureds’ liability – and…

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Posted In: Uncategorized

“Your work” exclusion does not bar coverage for claim against concrete flooring subcontractor for damage to other flooring layers

A subcontractor’s Commercial General Liability insurance policy provided coverage for damage to carpets and tiles laid on top of a defective subfloor, despite an exclusion for the cost to repair…

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Posted In: Environmental and Toxic Torts, Uncategorized

Appeals Court Untangles Dispute Over Insurance for Home Heating Oil Spill

Decision Addresses Nature and Purpose of Collateral Source Rule. Happily, in this case there was plenty of insurance coverage for the remediation of a home heating oil spill.  But it…

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Posted In: Uncategorized

In the Event of a First Party Payment After a Loss, the “Collateral Source” Rule Works Most of the Time to Permit the Subrogated Insurer to Sue for the Full Amount of the Loss – But Not Always.

The collateral source rule applies so that if a plaintiff has recovered for a loss from his or her own insurer, that recovery is a “collateral source,” and does not…

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Posted In: Uncategorized

Broker Liability in the Forefront

When an insurer refuses to pay, the next place an insured frequently looks to cover a loss is to its broker. The Massachusetts courts have recently opined on when this…

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Posted In: Employment Claims, Uncategorized

Don’t Lose Your Employment Practices Liability Insurance.

Coverage May Depend on Disclosure of Prior Claims in the Policy Application, and Timely Notice of Claims During the Policy Period.  Employment practices liability (EPL) insurance may provide coverage for…

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Posted In: Uncategorized

Spoiled Scallops are an Occurrence Under a General Liability Policy

The Massachusetts Appeals Court Recalibrates from its Narrow Interpretation of an Occurrence in a 2014 Tree-Clearing Case Most general liability policies provide coverage for property damage caused by an “occurrence,”…

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Posted In: Uncategorized

If the Claim Isn’t Covered, Does the Insurer Get Its Defense Costs Back?

In Holyoke Mutual v. Vibram USA, Inc., 33 Mass.L.Rptr. 564, Superior Court Judge Mitchell Kaplan found that Massachusetts law does not permit an insurer to recoup defense costs it has…

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