In a case of first impression, an insured must reimburse its insurer for defense and settlement costs on an uncovered claim.
insurance coverage cases in Massachusetts
MA Appeals Court Reverses $7 Million Telephone Consumer Protection Act Judgment Against Peerless Insurance’s Subsidiaries
The insurers appealed to the Appeals Court, which ended up reversing the judgment.
First Circuit Holds Total Pollution Exclusion Does Not Apply Where An Endorsement May Provide Separate Grant Of Coverage
An insurance coverage lawsuit in Massachusetts confirming the importance of reading an insurance policy as a whole versus in parts.
Mass. Highest Court Rules Consent-To-Settle Clause Does Not Violate Public Policy Of The Unfair Claim Statute
On Monday, December 16, 2019, the Supreme Judicial Court decided the question of whether the consent-to-settle clauses commonly found in professional liability policies violated the unfair claim practice provision of M.G.L. c. 176D, § 3 (9) (f).
AXIS Insurance Wins Because Danvers Insured Did Not Report Prior Interrelated Claim to its Prior Carrier
An insured who did not report a claim on a prior policy loses coverage when a court finds subsequent claims have a common nexus under the policies interrelated wrongful acts provision.
