Topic: Massachusetts Developments

2018 Statewide Elections: A Mixed Bag for Insurers?

All eyes have been focused on the federal mid-term elections and the impact on the U.S. House and Senate. Post-mortems by the pundits have begun. See Locke Lord’s take on the mid-terms. The divided government in Washington, D.C. may well stymie efforts to regulate the insurance industry at the federal level, except in very limited circumstances where bi-partisan accord can be achieved.

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Massachusetts Supreme Judicial Court set to take up issue of reimbursement of defense costs for non-covered claims

The Massachusetts Supreme Judicial Court recently agreed to a joint request for direct appellate review of a decision earlier this year in which the trial court ruled that insurance companies were not entitled to reimbursement of defense costs they had paid to defend their insured, absent policy provisions requiring such.

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Massachusetts Highest Court Issues Important Decision On Insurers’ Duty to Defend and Liability for Multiple Damages

In Boyle v. Zurich American Insurance Company, 472 Mass. 649 (2015), decided on September 14, 2015, the Massachusetts Supreme Judicial Court (the “SJC”) indicated, to the dismay of the insurance defense bar, that the right to a defense under a liability insurance policy is not merely contractual, but rather tantamount to constitutional, rendering that right virtually impossible to waive.

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Massachusetts Appeals Court Holds Primary Insurer’s Excess “Other Insurance” Clause Does Not Avoid Duty To Defend

In Preferred Mutual Insurance Company v. Vermont Mutual Insurance Company, 87 Mass App Ct. 510 (June 17, 2015), the Massachusetts Appeals Court discussed several interesting insurance coverage issues when it addressed a dispute between a homeowner’s insurer and a CGL insurer. The facts of the case were as follows.

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