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,
JDSupra discusses the effect on insurance claims of the tort reform measures that just became law in Florida
Although in this blog I generally stick to Massachusetts topics, this article from JDSupra on the new Florida tort reform measures should be of interest to anyone who practices in the insurance bad faith field. Here’s one of my posts from a few years ago that touches on insurance litigation in Florida.
What ChatGPT says about exclusions in insurance policies, and why I'm not worried the app will put me out of a job any time soon
So many people are talking about ChatGPT — the artificial intelligence content creator — that awareness of it has trickled down even to us attorneys, well-known to be late adopters of all technology. I thought I’d give it a try. I signed up for ChatGPT (which took several attempts, none of which were my fault, and included one message that
SJC holds that under plain language of pollution policy there is no coverage for costs incurred to prevent business interruption after pollution event
Ken’s Foods, Inc. operates a manufacturing facility in Georgia. In 2018 its wastewater treatment system malfunctioned and wastewater flowed into a Georgia tributary. Ken’s Foods cleaned up and contained the pollution, incurring about $1 million in costs.Ken’s Foods also implemented a temporary wastewater treatment system that allowed it to continue its operations without interruption. It spent over $2 million on
A video primer on insurance claims for damage to buildings
Welcome to my first video on insurance issues. In this one I discuss basic issues in real property insurance claims.
Watch my recent webinar on Good Faith Claims Handling
On September 28, 2022 I gave a webinar on the topic Liability Insurance and Good Faith Claims Handling: What Every Massachusetts Attorney Should Know. This was a joint program of two of my favorite institutions, the Insurance Library (currently holding a Silent Auction) and the Social Law Library. You can access the video here.
US District Court for District of Massachusetts holds that Vermont Mutual's post-judgment settlement offers that were less than verdict were in bad faith; puts it on notice for future conduct
Fire in apartment and tenants’ underlying lawsuit against landlordChester Robinson and Lorraine Hames were tenants in a multi-unit apartment building owned by Edward Toland and Cogavin Associates. A fire forced them to move out. The tenants sued the landlords in Superior Court for negligence, breach of covenant of quiet enjoyment and violation of Mass. Gen. Laws ch.
Invitation to my webinar on Liability Insurance and Good Faith Claims Handling: What Every Massachusetts Attorney Should Know
The webinar is on Wednesday, September 28, 2022 from 4 PM to 5:30 PM, and is co-sponsored by the Insurance Library and the Social Law Library. You can register through this link. Feel free to email me questions ahead of time and I’ll try to answer them in the webinar.I have a couple of comp tickets. If you want
US District Court holds insurer may be liable for treble underlying attorney's fees when it demands an examination under oath in bad faith; also discusses condominium loss assessment coverage
Seeking current or recent associates of color at insurance defense firms to speak at a Boston Bar Association panel on diversity
I am working with attorney Garrett Lee to put together a panel on diversity at insurance defense firms for the Boston Bar Association. We have partners with hiring responsibility from three major insurance defense firms who will be speaking about what they look for when hiring young associates, and what they look for in retaining and promoting such associates. How