Between the Lines

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

Recent Posts

Posted In: Property Coverage

Sorry, Your Property Policy Doesn’t Cover Removal of Snow From Your Roof

Court Rejects Policyholder’s Argument That Coverage For “Risks of Direct Physical Loss or Damage” Includes Preventive Measures.  Typical commercial property policies state that the policy covers “risks of direct physical…

Read More »

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…

Read More »

Posted In: Duty to Defend, Duty to Settle

Massachusetts Appeals Court Addresses Insurer’s Duty to Appeal and Right to Settle

Holding:  Insurer’s Good Faith Settlement After Filing Notice Of Appeal Is Not A Defense to Policyholder’s Liability For Retrospective Premium.  Under a typical general liability policy the insurer has a…

Read More »

Posted In: Property Coverage

Is there Coverage for a Marijuana Business Under a Commercial Property Policy?

A Carrier Who Knowingly Insures A Marijuana Business Probably Can’t Rely On An Illegal Acts Exclusion, But The Exclusion Bars Coverage For A Landlord Whose Tenants Surreptitiously Grew Marijuana.   …

Read More »

Posted In: Excess Insurance, Other Insurance

Primary Policy with Excess “Other Insurance” Clause and “True Excess” Policy Cover Same Level of Risk Based on Policy Language

Massachusetts Supreme Judicial Court Declines To Look Beyond Plain Language Of Policy To Consider Evidence Of Intent.  In Great Divide Ins. Co. v. Lexington Ins. Co., _ Mass. _ (2017),…

Read More »

Posted In: Claims Handling and Settlement

Court Finds an Unfair and Deceptive Practice When an Insurer Uses its Investigation to Confirm a Predetermined and Inadequately Supported Conclusion, Rather than Conduct an Objective Analysis.

Massachusetts General Laws Chapter 176D states that it is an unfair claim settlement practice for an insurer to “refus[e] to pay claims without conducting a reasonable investigation based upon all…

Read More »

Posted In: Duty to Defend

Massachusetts Appeals Court Confirms the Right of a Liability Insurer Defending Without a Reservation of Rights to Control Defense and Settlement Even Where the Policyholder Disagrees with the Insurer’s Defense Strategy

The Court Also Confirms That Massachusetts Applies A Per Se Rule That A Reservation of Rights Creates A Conflict Entitling A Policyholder To Independent Counsel.  A dispute concerning liability insurance…

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: Intentional Conduct

Retaliation is “Inherently Willful,” and Therefore Excluded, Court Rules

An Insurer’s Duty to Defend a Town Ended When the Suit Against the Town Over an Airport Permit Was Reduced to an Excluded Retaliation Claim. Frustrated when the Norwood Airport…

Read More »

Posted In: Cyber Liability

Computer Fraud Policy Covers Wire Transfer Theft Induced by “Spoofed” Email

COURT REJECTS INSURER’S ARGUMENT THAT POLICY’S “DIRECT LOSS”  REQUIREMENT IS NOT MET IF THE INSURERED TAKES STEPS TO  INITIATE THE WIRE TRANSFER.   As email spoofing schemes have proliferated, so…

Read More »

Find an Attorney