Between the Lines

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

Archive for Uncategorized Category

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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Posted In: Uncategorized

Appeals Court Rules on Pre-Notice Defense Fees, Capping Defense Counsel’s Rates, Settlement Allocation

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…

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Posted In: Uncategorized

When Intentional Conduct Isn’t Intentional Enough to Disclaim Coverage

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….

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Posted In: Uncategorized

Do New Claims Added to a Suit Require Insurers Defending under Reservations of Rights to Issue Additional Reservations?

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…

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Posted In: Uncategorized

Responding to a New Damage Theory by Asking for More Information Isn’t an Unfair Settlement Practice

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…

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