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MA Law | Insurance Coverage Cases

Mass. Court Bars Suit Seeking Plymouth Rock To Pay Title, Registration, And Inspection Fees On Total Losses

April 6, 2021 by Owen Gallagher

A class action complaint against Plymouth Rock sought a ruling on regulatory costs for first-party total loss claims.

Mass. Appeals Court Reverses $4 Million Defense Verdict Over Judge Advising Jury About Insurance

March 30, 2021 by Owen Gallagher

Massachusetts, as opposed to many states, allows insurance companies to pursue subrogation in the name of the insured rather than in the name of the insurance company. This case is one such example.

Tips to Help Insureds Avoid Auto Repair Shop Fraud: Part 2

March 30, 2021 by Kara Larzelere

Beware of written waivers!

Failure To Return Auto-Renewal Questionnaire Results In Coverage Denial In Lamborghini Collision Lawsuit Due To Insurer’s “Snowbird Clause”

March 16, 2021 by Owen Gallagher

How many automobile insureds receive renewal questionnaires that they do not return to their insurers? Quite a few, since many of the questionnaires, stated something to the effect that “if there are no changes to the information on the questionnaire, the insured does not have to return it.”

A First Circuit Court of Appeals found that the failure to return a renewal questionnaire with updated information resulted in two Massachusetts insureds losing their optional collision and liability coverage and umbrella coverage in a Naples, Florida collision involving their Toyota Highlander and a $100,000 Lamborghini.

Federal Judge Dismisses Legal Sea Food’s Business Interruption Claim Against Strathmore Insurance

March 9, 2021 by Owen Gallagher

While the suit was pending, Legal sold its Thirty-two restaurants located in Massachusetts, the District of Columbia, New Jersey, Pennsylvania, Rhode Island, and Virginia to the Medford-based owner of the Strega and Smith & Wollensky restaurants.

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