Between the Lines

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…

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…

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…

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…

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,”…

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…

In a decision of significance on many hot-topic issues in coverage law, the Massachusetts Appeals Court decided Rass v. Travelers earlier this month. The court found that: an insurer has no…

Two recent federal appeals decisions demonstrate that, in most cases, an allegation of intentional conduct is not enough to relieve insurers of the duty to defend under personal injury coverage….

Not necessarily. Twice is nice, but sometimes once is enough, says Massachusetts federal district court. An insurer’s  initial reservation of rights can be sufficient to preserve the right to disclaim…

Insurers should take comfort in a new Massachusetts Appellate Division case, which sided with an auto insurer that initially offered the lowest end of its claim valuation, and, upon receiving…