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MA Law | Insurance Coverage Cases

Restaurant’s Failure to Give Notice under Protective Safeguard Endorsement Bars Fire Claim; Court Orders Advance Payment Returned to Insurance Carrier

May 29, 2012 by Owen Gallagher

The Case: French King Realty v. Interstate Fire and Casualty Company, 79 Mass. App. Ct. 653 (2011)

Mass. Court’s Interpretation Unsettles “Earth Movement” Exclusion

May 22, 2012 by Owen Gallagher

The Case: Espedito Realty, LLC v. National Fire Insurance Company of Hartford, decided March 26, 2012

Without Executed Written Contract, Certificate of Insurance Not Enough to Show Additional Insured Status

April 17, 2012 by Owen Gallagher

The Case: Suffolk Const. Co., Inc. v. Illinois Union Ins. Co., 80 Mass.App.Ct. 90 (2011).

Agency Risk Primer: Underinsured Loss Ends A 50 Year Relationship

April 2, 2012 by Owen Gallagher

The Case:  Technical Papers Corporation v. Liberty Mutual Insurance Company, January 14, 2012 Why we featured this case: This recent decision of the Massachusetts Appeals Court is an excellent primer on independent agency risk management. What is surprising is that the lessons arise from an insured’s lawsuit against a direct writer, Liberty Mutual. What You […]

Subrogation Issues for Your Insureds To Avoid (with your good advice)

February 1, 2012 by Owen Gallagher

The Case:  Sandman v. Quincy Mutual et al.,  81 Mass. App. Ct. 188 (2012) decided January 25th, 2012 Quick Refresher: Subrogation is “…the substitution of one person in the place of another with reference to a lawful claim, demand or right.” What You Should Know About This Case: In March, 2004, during a heating oil […]

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