Commercial / Personal

  I wrote here about Performance Transp., Inc. v. General Star Indemnity Co., 419 F.Supp. 3d 199 (D. Mass. 2019), a case in which the United States District Court for the District of Massachusetts held that a total pollution exclusion excluded coverage despite a grant of coverage in a separate endorsement.  …
  I received a letter from my professional liability insurer informing me of changes to my policy in my next policy year.  Among them: in the definition of “professional services”  “pro bono” services will be replaced with “eleemosynary” services.  This is not a typo.  It means “relating to or dependent on charity; charitable.”   The Oxford English Dictionary explains its origins:     Late 16th century (as a noun denoting a place where alms were distributed): from medieval Latin eleemosynarius, from late Latin eleemosyna ‘alms’, from Greek eleēmosunē ‘compassion’ (see alms).      …
  As I discussed here, the Massachusetts legislature had been considering a bill creating retroactive insurance coverage for business income losses due to the pandemic, with losses adjusted by insurers and paid by the commonwealth.  The Massachusetts Senate has voted against the bill.      …
  The Insurance Library in Boston is a phenomenal resource for anyone who ever needs a deeper understanding of any insurance issue from commonplace to obscure.  From educational programs to absolutely top-notch reference librarians to insurance-related social events like a screening of Double Indemnity to an opportunity (in non-pandemic times, at least) to just soak in the historical insurance artifacts, maps, policies, and books available at the library, this institution is a gem for the insurance cognoscenti and wannabes alike.   I am thrilled to be presenting a Zoom Lunch & Learn for the Library on insurance bad faith issues, “The…
I recently put together a panel on Insurance Issues for New Insurance Defense Attorneys for the Boston Bar Association’s subcommittee on Insurance Law.  I was thrilled to find panelists who were knowledgeable and engaging.  In light of a commitment I have made to look for opportunities to amplify voices of people of color, I had hoped to find an additional panelist who was an attorney of color at an insurance defense firm interested in an opportunity to educate newer associates. I reached out to affinity groups at bar associations, senior partners at insurance defense firms, and more general networking groups. …
Strega Realty Trust, which was operated by Linda Cappuccio, rented property in Salem to Red Lulu Salem for the purpose of Red Lulu operating a restaurant there.  However, Red Lulu never opened the restaurant.  In 2012 Strega Realty sued Red Lulu.  That lawsuit settled, with the provision that Red Lulu would vacate the premises by October 31, 2013.  Red Lulu’s proprietors vandalized the property around the time that they vacated the premises.  Cappuccio informed Raymond Kameras, the president of its insurance brokerage, Allan Insurance.  Cappuccio and Kameras discussed filing an insurance claim to recover the damage.  They now dispute whether…
  The Kenmore Army Navy Store (which is located in Downtown Crossing, several MBTA stops away from Kenmore), has sued Travelers Casualty Insurance Company of America in the United States District Court for the District of Massachusetts.  Like so many other businesses, the Army Navy store seeks business interruption coverage for losses from the coronavirus pandemic.   The store alleges that the policy Travelers issued has the usual coverage for “direct physical loss.”  It alleges that the direct physical loss from the pandemic is “the property being damaged, access to the property being denied, customers being prevented from physically occupying…
I get it.  You have suffered a catastrophic event.  You are seriously injured, or your house burned down,  or you have made a mistake that you are worried has put your career in jeopardy.  You have faithfully paid your insurance premiums and you don’t understand why your insurer is giving you a hard time, or not moving quickly enough. A word of advice:  Be nice to your insurance adjusters. Be polite to them.  Be calm when communicating with them. Say thank you.  Don’t vent on them. I work with adjusters from both sides.  I represent policyholders and claimants seeking coverage. …