When I started practicing law I was puzzled by Massachusetts Rule of Civil Procedure 54(d), which provides that after judgment “costs shall be allowed as of course to the prevailing party.” It struck me as something that every prevailing party
Insurance Coverage Law in Massachusetts
The blog "Insurance Coverage Law in Massachusetts," published by attorney Nina E. Kallen, focuses on legal issues related to insurance coverage and bad faith disputes within Massachusetts. It covers topics such as litigation strategies for insurance claims, interpretation of insurance policies, statutory claims under Massachusetts General Laws Chapter 93A, allocation of liability among insurers, and court decisions affecting insurance coverage. The blog also addresses practical guidance for attorneys handling insurance coverage cases, including brief-writing and case management. It serves as a resource for policyholders, insurers, and legal professionals interested in Massachusetts insurance law and civil litigation involving insurance matters.
Latest from Insurance Coverage Law in Massachusetts - Page 11
Rant: One of the benefits of liability insurance is that it encourages safe practices
By Nina Kallen
In this Pacific Standard article writer Jack Denton complains that the insurance industry will bring about the downfall of football. Why? Because “with the cost of concussion and CTE [a degenerative brain disease caused by concussions] lawsuits mounting, the…
Ransomware Insurance
By Nina Kallen
A homebuyer’s nightmare
By Nina Kallen
The plaintiffs discovered heating oil had contaminated a residential property they had just purchased. They sued the sellers, alleging that they had concealed the spill. A default judgment entered. The plaintiffs then sued Arbella, the sellers’ homeowner’s insurer. Arbella denied the…
Show your appreciation for the Insurance Library
By Nina Kallen
The Insurance Library, one of the best resources for insurance professionals from experienced coverage litigators to new adjusters, is asking for messages about how it has helped you. The earliest responders get prizes! Here’s the link for more information.
Great website on insurance issues in car-sharing programs
By Nina Kallen
I first posted about insurance risks in car-sharing programs back in 2011. Car-sharing programs allow car owners to rent their own cars out to others. They differ from Uber (which was in its infancy in 2011) and Lyft (which did…
Massachusetts health clubs may not demand that customers sign waivers of liablity
By Nina Kallen
Frequent readers of this blog know that I abhor waivers of liability, especially (but not only) waivers that parents have to sign so that their minor children can participate in activities such as summer camps or public school field trips. …
Court holds that insurer that breached duty to defend must pay policy limits after default judgment against policyholder
By Nina Kallen
A union’s Pension and Annuity Funds (“the Funds”) alleged that the Wellesley Advisory Realty Fund (WARF) had mismanaged and squandered a $5 million investment. WARF put the money into various real properties such as hotels. The properties were foreclosed upon…
New Massachusetts law will require short-term rentals like AirBnB to have $1 million in insurance
By Nina Kallen
Agency Checklists has a good summary here.