Valerie Troiano injured Elsa Villanueva in a car accident. After a jury trial a judgment of $414,500 entered for Villanueva. Commerce, Troiano’s insurer, paid the $100,000 policy limit. An execution against Troiano entered in the amount of $552,352.37 (which presumably
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 12
US District Court holds that slip and fall in parking lot does not arise out of building tenant’s operations or premises
By Nina Kallen
Cummings Properties leased an office suite to the Massachusetts Department of Revenue. The lease required Cummings to use reasonable efforts to ensure that snow and ice are removed from the parking lot.A DOR employee sued Cummings, alleging that she slipped…
Massachusetts Appeals Court holds that tortfeasor’s insurer’s payment to homeowner whose house is an insured location under the policy offsets tort judgment aganst insured
By Nina Kallen
Williams & Son installed and serviced an oil tank in Shirley Gilbody’s house. After an oil spill, Bunker Hill Insurance Company, Gilbody’s homeowner’s insurer, paid for full remediation of the property.Bunker Hill then sought reimbursement for the loss twice. First,…
Superior Court holds that dispute over coverage for companies related to corporate policyholder does not create conflict between insurer and policyholder
By Nina Kallen
Massachusetts Lawyers Weekly has quoted me in an article about a recent Massachusetts Superior Court case, Crosby Valve, LLC v. OneBeacon America Insurance Co. The decision is not published on Westlaw, but if you need a copy of it send…
Superior Court continues to whittle away innocent coinsured doctrine
By Nina Kallen
I wrote here about the case of Shepperson v. Metropolitan Prop. & Cas. Ins. Co., 2018 WL 2324089 (D. Mass.), in which the United States District Court for the District of Massachusetts discussed the innocent coinsured doctrine. That doctrine…
US District Court for District of Massachusetts holds Builder’s Risk policy does not provide defense or indemnity for claim by purchaser of defectively constructed property
By Nina Kallen
A builder called 689 Charles River, LLC built a single family home in Needham, Massachusetts. The purchasers of the house sued, alleging “spectacularly shoddy and stunningly substandard design and construction” and “serious latent defects” caused by “improper design, material and/or…
Massachusetts Appeals Court holds that child’s father is not related by blood to child’s mother’s parents
By Nina Kallen
Massachusetts Lawyers Weekly quoted me in an article about a recent Massachusetts Appeals Court case, Oliveira v. Commerce Ins. Co., 94 Mass. App. Ct. 276 (2018), which addressed the meaning of “related by blood” in underinsured motorist coverage. The…
Insurers, what insurance coverage and bad faith issues would you like staff trainings on?
By Nina Kallen
I’m in the process of developing presentations for insurance adjusters and in-house attorneys on coverage and bad faith issues. Let me hear from you — what topics would you like to receive trainings on? Anything from basic education for new…
U.S. District Court holds that regular wages paid to employees after a loss do not come within extra expense coverage, but extra wages and benefits do
By Nina Kallen
On July 9, 2015, water infiltrated the electrical system of Interstate Gourmet Coffee Roasters, Inc., knocking out all power. The business was suspended for thirteen days. During that time Interstate’s employees “redirected their efforts” to restore regular business operations. Hourly…
US District Court holds professional liabilty insurer has duty to defend action relating to breakup of law firm
By Nina Kallen
Massachusetts Lawyers Weekly quoted me in an article about a recent U.S. District Court case on coverage under a lawyer’s professional liability policy for a claim arising from the breakup of a law firm. The departing attorneys sued the firm,…