Between the Lines

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…

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…

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…

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…