The Massachusetts Appeals Court has adopted a legal rather than lay interpretation of the term “costs,” concluding that an insurer’s obligation to pay “costs taxed” to the insured in a…

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…

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…

The Vermont Supreme Court recently held that a business owner’s policy that provided coverage for “loss” resulting from forgery and theft, but excluded “physical loss or physical damage” resulting from…

The Court Also Holds That an Employee is an “Insured,” But Not the “Named Insured,” and Therefore is Not Entitled to Assault and Battery Coverage Applicable to Only the Named…

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…

A California federal judge has recently held that a drone is an “aircraft.”  Therefore, the liability insurer for a drone operator was not required to defend or indemnify the insured…

Professional liability coverage disputes often turn on the question whether the alleged conduct constitutes “professional services,” or business activities of a non-professional nature.  So, for example, filing a client’s complaint…

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…