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 6
Insurance for PPP loans
My first thought was that insuring against the possibility that the Small Business Administration may find that a business was not eligible for a loan it received from the Paycheck Protection Program, or PPP, was a little . . .…
Shameless self-promotion: The accolades keep rolling in
In the obligatory “I am not a robot” paragraph on the biography page of my website I mention that I am an award-winning poet. Previous awards have now been completely overshadowed. I am thrilled to announce that Randy…
Mass. Appeals Court holds insurer estopped from denying lead paint coverage when it did not inform policyholder that lead paint certificate was insufficient
In 1992, John Cerasuolo sought to purchase coverage for lead paint claims that might arise from an apartment building he owned with his wife. His agent told him that he would have to obtain letters of compliance in order to…
First Circuit holds insurer does not have duty to defend or investigate when allegations of complaint do not sketch facts showing coverage
Denise Doherty sued Lundgren Management Group, Inc., a building management company. alleging negligence and other claims stemming from water infiltration into her condominium unit beginning in 2004 in a building managed by Lundgren. She alleged that Lundrgren did not make…
Lawsuits filed over denial of claims for business interruption losses as a result of coronavirus pandemic
I am aware of two Massachusetts cases to date against insurers alleging wrongful denials of claims for business interruption losses as a result of the coronavirus pandemic. Both have been filed in the United States District Court for the District…
Mass. Appeals Court holds that "results in" means "causes," and that chain of causation theory does not apply to third party claims
Four related companies known as Cold Storage Solutions operated cold storage warehouses. They hired Eastern Insurance Group to obtain warehouse liability insurance for them. Eastern informed them that it had done so, but in fact it had failed to obtain…
An open invitation
One of the results of the current protests over racial injustice in this country is that business communities are revisiting the perennial topic of the barriers to advancement for people of color in the corporate and legal world. So I would…
Mass. Appeals Court hold that title insurer is not subrogee of mortgagee absent express subrogation clause in insurance contract
I’m always excited when I see a title insurance case, because they are so few and far between. When such a dispute does arise it is not unusual to cite case law from a century ago.In 2003, Shane Kelly took…
Business interruption and property damage coverage for businesses affected by riots
As I discussed here, most businesses do not have insurance coverage for business interruption as a result of the coronavirus pandemic. There are some attempts at legislation to retroactively change that, and some class action lawsuits challenging the exclusions that…