Latest from Between the Lines - Page 2

Image by Tumisu from Pixabay But Appeals Court Vacates Order For New Trial And Remands, Concluding That The Trial Judge Applied the Wrong Standard In Allowing A Motion for Mistrial. This blog entry takes a detour from our usual insurance coverage topics to address an issue that is of increasing concern to insurance claim handlers, defense counsel and policyholders alike. Plaintiffs’ lawyers employing the “reptile theory” approach to litigating  bodily injury cases argue to the…
Image by Tumisu from Pixabay But Appeals Court Vacates Order For New Trial And Remands, Concluding That The Trial Judge Applied the Wrong Standard In Allowing A Motion for Mistrial. This blog entry takes a detour from our usual insurance coverage topics to address an issue that is of increasing concern to insurance claim handlers, defense counsel and policyholders alike. Plaintiffs’ lawyers employing the “reptile theory” approach to litigating  bodily injury cases argue to the…
Image by Emilian Robert Vicol from Pixabay A Large Disparity Between Insurer’s Offers And A Reference Award Is Not Sufficient for an Insured to Defeat Insurer’s Summary Judgment Motion.  Homeowners’ insurance claims for water infiltration due to snow and ice present a difficult challenge both for homeowners and insurers.  A recent First Circuit decision addressing one of the many such claims from the New England winter of 2015, River Farms Realty Trust v. Farm Family
Image by Emilian Robert Vicol from Pixabay A Large Disparity Between Insurer’s Offers And A Reference Award Is Not Sufficient for an Insured to Defeat Insurer’s Summary Judgment Motion.  Homeowners’ insurance claims for water infiltration due to snow and ice present a difficult challenge both for homeowners and insurers.  A recent First Circuit decision addressing one of the many such claims from the New England winter of 2015, River Farms Realty Trust v. Farm Family
Image by rawpixel from Pixabay Case also determines when an insurer can stay a suit against the insured when there is a coverage dispute and whether paying the limits into court tolls the insurer’s liability for interest Commerce Insurance was confident that it was not obligated to indemnify Matthew Padovano and his father for a wrongful death suit under the latter’s auto policy, beyond the policy’s $20,000 compulsory limit.  Commerce contended that Matthew’s striking and…
Image by rawpixel from Pixabay Case also determines when an insurer can stay a suit against the insured when there is a coverage dispute and whether paying the limits into court tolls the insurer’s liability for interest Commerce Insurance was confident that it was not obligated to indemnify Matthew Padovano and his father for a wrongful death suit under the latter’s auto policy, beyond the policy’s $20,000 compulsory limit.  Commerce contended that Matthew’s striking and…
But No Duty To Indemnify Because The Insured Settled The Claim After The Statute Of Limitations Expired. A Texas federal District Court recently reconsidered its denial of cross-motions for summary judgment on the duty to defend, and ruled that a directors & officers liability insurer breached its duty to defend against a demand that the insured corporation pay amounts the claimant lost when the insured transferred money out of the claimant’s bank account in response…
But No Duty To Indemnify Because The Insured Settled The Claim After The Statute Of Limitations Expired. A Texas federal District Court recently reconsidered its denial of cross-motions for summary judgment on the duty to defend, and ruled that a directors & officers liability insurer breached its duty to defend against a demand that the insured corporation pay amounts the claimant lost when the insured transferred money out of the claimant’s bank account in response…
Image by Jo_Johnston from Pixabay In a blog post last October, I discussed a District of Massachusetts decision denying a motion to dismiss a suit by a law firm against its professional liability insurer alleging wrongful denial of coverage.  In that decision, the court ruled that a counterclaim by a group of departing lawyers against the firm for intentional interference with business relations could be read to allege a “Legal Services Wrongful Act” within the…
Image by Jo_Johnston from Pixabay In a blog post last October, I discussed a District of Massachusetts decision denying a motion to dismiss a suit by a law firm against its professional liability insurer alleging wrongful denial of coverage.  In that decision, the court ruled that a counterclaim by a group of departing lawyers against the firm for intentional interference with business relations could be read to allege a “Legal Services Wrongful Act” within the…