Supreme Judicial Court of Massachusetts holds that term "surface waters" in policy is ambiguous, so does not apply to water on surface of a roof
Sure, Steward Health Care has created a public health care emergency, but at least it has prevailed in an insurance coverage dispute. A storm in June 2020 caused an accumulation of rainwater on a rooftop courtyard and on roofs of Norwood Hospital. The rainwater seeped into the interior of the hospital buildings, causing significant damage.Norwood Hospital’s owner, Medical Properties Trust,
Even Whitey Bulger's crimes end in insurance coverage disputes: Town of Braintree sues multiple insurance carriers for coverage for wrongful conviction claim by man framed by Bulger
On May 24, 2024, the Town of Braintree filed a lawsuit in Suffolk County Superior Court against fifteen insurers, as well as insurance companies Does 1 though 50, for refusing to defend and indemnify it in a massive wrongful conviction lawsuit.The Town alleges that the insurers have each either refused to acknowledge or outright denied their contractual obligations under liability
Insurance Claims for Damage to Buildings in Massachusetts (my new brochure)
A video primer on the duties of an insurer to defend and indemnify
Fall River District Court allows claim against insurer's vehicle appraiser
Source One Financial Corporation sued Commerce Insurance Company and its adjuster in a dispute arising out of the value of a totaled vehicle. Source One sought to amend the complaint by adding Commerce’s vehicle appraiser and her company as defendants, asserting that they exceeded their authority as appraisers and worked with Commerce to artificially suppress the value of the totaled
First Circuit holds that under clear Massachusetts precedent, an insurer cannot ordinarily seek reimbursement of settlement funds after a later finding of no duty to indemnify
I am pleased to say that reason has prevailed in the First Circuit. I am generally pretty sanguine about insurance coverage decisions (except on my own cases, of course). I might disagree with the outcomes, but . . . the vagaries of the court system, yada yada yada.But every once in a great while I come across a decision that I
Introducing my assistant, Nikki Payne
If you’ve worked with me over the past year then you’ve
likely had an opportunity to meet my assistant, Nikki Payne. Nikki is the first point of contact a new client has with my office. She walks you through my process, helps you with paperwork, and answers your initial questions. As the case progresses she helps keep the case on
U.S. District Court for District of Mass. holds no coverage for law firm scammed by fraudulent cashier's check
In some ways, this is an eye-crossingly boring decision, even for an insurance coverage geek like myself. It relies on definitions found in negotiable instruments law. Need I say more? But, coverage issues aside, the real takeaway from this post is: Lawyers, beware! These scams are growing in sophistication and constant vigilance is required. Law firm taken in by
First Circuit holds that policyholder did not breach cooperation clause when time insurer gave it to respond had not run out when insurer disclaimed coverage
Following an arson fire in 2021 that destroyed a building owned by BAS Holding Corporation on the Brockton Fairgrounds, Philadelphia Insurance Company undertook an investigation that focused on whether the building was vacant, which would limit coverage. As part of its investigation Philadelphia issued multiple document requests to BAS. BAS cooperated fully and responded with over 700 documents.On June 16, 2021,