January 13, 2012 – The Supreme Judicial Court has affirmed the award of damages, prejudgment interest, punitive damages, attorney’s fees and costs totaling over $1.5m against a Massachusetts life insurance agent, Frederick V. McMenimen, III. The court also reversed the judgment dismissing the G.L. c. 93A claims against three subsidiaries of Nationwide Life Insurance Company […]
MA Law | Insurance Coverage Cases
Defense of MCAD Claim Covered under Norfolk and Dedham’s Special Business Owners Policy
January 3, 2012 – Cleary Consultants, a Boston placement firm received an early Christmas present from the Massachusetts Appeals Court on December 16th. The placement firm won a decision against Norfolk and Dedham that established that Norfolk and Dedham had the duty to defend the placement company against a discrimination complaint pending before the Massachusetts […]
Division of Insurance Bulletins Do Not Have the Force of Law
The Case: Golchin v. Liberty Mutual Insurance Company – Supreme Judicial Court What the Court said: Division of Insurance bulletins are not regulations having the force of law. They may be persuasive interpretation of statutes and policy language but are not an “official agency action.” Because the commissioner may have the power to issue a […]
The Hazards of Inaccurate Applications and Signing the Insured’s Name
The case of RLI Insurance Co. v. Santos, 746 F.Supp.2d 255 (D. Mass. 2010).