Every few years, a decision comes down against an insurance company for breach of Mass. Gen. Laws ch. 93A that makes the plaintiffs’ personal injury bar chortle with glee and insurance defense attorneys wipe their brow and say, thank goodness that wasn’t my case. The recent Massachusetts Superior Court decision in Peerless Insurance Co. v. Rooney is one of those,
Latest from Insurance Coverage Law in Massachusetts
I'm moderating a webinar on insurance policy interpretation on Tuesday, January 22, 2026 at 1 PM; discount codes available
This is a full description of the webinar:
Insurance Policy Interpretation: Recurring Issues,
Ambiguities, Exclusions, Plain Meaning, Burdens of Proof, and More
This CLE webinar will discuss the interpretation of some
of the most fiercely and frequently litigated words and phrases in insurance
policies in the context of coverage disputes. The program will review the rules
for construing insurance policies
Massachusetts Lawyers: Want to Build a Career Litigating Insurance Bad Faith and Coverage Issues? Hit Me Up.
I’m in the fortunate position of having an embarrassment of riches right now: my insurance coverage and bad-faith caseload is full to overflowing. I’m having to turn down good cases from good clients simply to ensure that the clients I already serve receive the attention they deserve.
Which is to say: I’m looking for help. Maybe from you.
If you’re
U.S. District Court holds that even after court judgment in underlying case, measure of 93A damages is lost interest — and my advice to both sides for handling 93A claims
Victoria Gretzky was injured when she fell on a
staircase at an apartment building owned by the Arrudas. In September 2022 she sued the Arrudas, who were insured by AmGuard. AmGuard
made a number of settlement offers, each of which Gretzky declined. She
demanded the policy limit of $1 million, plus interest.On the second day of trial the parties settled,
Suffolk Superior Court applies continuous trigger and pro rata allocation to asbestos coverage dispute
Timothy Ross was exposed to asbestos from 1965 to 1977 while employed by NEIC. He developed symptoms related to the exposure in 2012, and died from mesothelioma in 2013. After Ross’s death, his widow sued NEIC. Liberty Mutual insured NEIC from 1973 to 1983. It asserted that a continuous trigger and pro rata allocation theory applied. Under a continuous trigger theory,
United States District Court for the District of Massachusetts finds coverage for water loss resulting from roof drain system, holding that policy itself creates ambiguity over the meaning of "drain"
I asked my assistant Nikki to read a draft of this post and make suggestions, and she was like, um, is there any way that you could make this post . . . interesting? Maybe start with a joke or a riddle as a hook? So we both took to AI to find some jokes about roof drains. This was
Massachusetts Appeals Court gives sensible interpretation of contractual interest statute
Certain Underwrites of Lloyd’s London issued a builder’s risk policy to Historic Round Hill Summit covering two buildings, Rogers Hall and Hubbard Hall, that Historic had purchased to renovate. PeoplesBank, which held an mortgage on the property, was an additional insured under a mortgage holder endorsement. A fire destroyed Rogers Hall and caused extensive damage to Hubbard Hall. Lloyd’s asserted that
Advice for people who are facing property losses in the Los Angeles fires: Hire a public adjuster
I recently saw on a
Facebook group I belong to advice for victims of the California fires and how
they can maximize their insurance claims. The advice was dreadful. It included,
“Make from memory the most detailed list you can of every item in your house
that was destroyed, and its value.”
This is terrible
advice.
One of my
specialties
United States District Court for District of Massachusetts holds that insurer breached ch. 93A by denying fire coverage for new homeowner because she had not yet moved into her house
Fire at house homeowner had just purchased and not yet moved intoAwilda Pimental closed on a new home on June 28, 2022. She purchased a homeowner’s policy from AmGuard Insurance Company that went into effect on the closing date, that included coverage for fire losses.On July 22, 2022, before Pimental moved into her house, a fire significantly damaged it.
60 Minutes report on fraud by Florida homeowners insurers following Hurricane Ian two years ago
Here’s the link:
