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Insurance Coverage Law in Massachusetts

In-depth legal analysis, by Massachusetts insurance lawyer Owen Gallagher, on a myriad of insurance coverage issues and disputes.

Legal Sea Foods Files A COVID-19 Business Interruption Coverage Suit Against Strathmore Insurance

May 12, 2020 by Owen Gallagher

Legal Seafoods Business Interruption Insurance Lawsuit in Massachusetts

Since Legal only filed its complaint on May 4, 2020, Strathmore has not yet had an opportunity to respond by way of an answer, a motion to dismiss, or for judgment on the pleadings.

Massachusetts Court Rules On Liability Insurer Summarily Denying Chelsea Condo Coverage Based On A Complaint Alone

May 5, 2020 by Owen Gallagher

Lawsuit involving Philadelphia Insurance Companies and Clarendon

In this First Circuit appeal, the Court outlined the fine line that distinguishes when an insurer may refuse to defend a complaint based on its allegations alone.

Sonsie Suit: Mass. Appeals Court Reverses Superior Court Ordering Entry Of At Least $4.5m In Punitive Damages Against Liberty Mutual

April 28, 2020 by Owen Gallagher

Sonsie on Newbury Street

In an unusual decision, the Appeals Court has ordered the Superior Court to enter, on remand, punitive damages of not less than $4.5 million nor more than $9 million against Liberty Mutual.

Massachusetts Court Rules 3rd Party Auto Property Damage Claimants Cannot Recover Inherent Diminished Value Damages

April 7, 2020 by Owen Gallagher

Picture of a courtroom in the John Adams Courthouse in Boston

Inherent diminished value claims are based on the theory that some stigma attaches to a vehicle from its involvement in a prior collision, such that its market value is diminished even though the vehicle has been restored to its pre-collision physical condition.

Capitol Specialty Ins. Must Pay Exotic Dancer $6.5 Million under c. 93A for Unfair Claim Practices

March 31, 2020 by Owen Gallagher

Appeals Court Case Cap Specialty Million Dollar Judgment

The First Circuit Court of Appeals has affirmed $6.5 million of the $8.4 million unfair claim practice judgment that Capitol Specialty Insurance Corporation had appealed from the United States District Court sitting in Worcester, Massachusetts.

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