A Massachusetts-based furniture store, Jordan’s Furniture, ran a “Monster Deal” promotion (named for the left field Green Monster in Fenway Park) this past spring that promised to customers a full refund on certain furniture purchased between March 7th and April 16th if the Red Sox were to win the World Series. The refund applies to sofas, dining tables, beds and mattresses.
Read More If Red Sox Win the World Series, Boston Area Furniture Retailer, Backed by an Insurance Policy, Will Pay Full Refund for Sales Made in the Spring
Massachusetts Developments
Massachusetts Insurance Commissioner Proposes Regulation to Deregulate Automobile Insurance
By Troutman Pepper Locke on
Over the last ten years, states have been moving, albeit slowly, to deregulate automobile insurance. Supporters of deregulation often cite the high premiums, distorted rates and lack of choices that drivers experience under a regulated system. They argue that in states that rely on markets to set rates, neither prices nor profits are excessive.
Massachusetts: Excess Insurers Not Bound To Follow The Settlement Decisions Made By A Primary Carrier
By Troutman Pepper Locke on
In a case of first impression, the Massachusetts Supreme Judicial Court (“SJC”) ruled on August 6, 2007 that a “follow-form” excess liability insurer is not bound by the decision of a primary insurer to settle a claim.
Massachusetts Mandatory Health Insurance
By Troutman Pepper Locke on
On April 12, 2006, Massachusetts Governor Mitt Romney signed a health care bill, known as “An Act Providing Access to Affordable, Quality, Accountable Health Care (the “Act”)”, into law.
Massachusetts Court Applies Subjective Test Concerning Good Health Requirement In Life Insurance Policy
A Massachusetts court recently ruled that a “good health” requirement in a life insurance policy must be interpreted based upon what the contracting parties knew at the time the policy was issued (a subjective test), not based upon what in fact turned out to be true based on discoveries made at a later date (an objective test).
Massachusetts Recognizes Common Interest Doctrine, Joint Defense Privilege
By Troutman Pepper Locke on
Massachusetts’ highest court recently formally recognized joint defense agreements as an exception to waiver of the attorney-client privilege under the common interest doctrine. Hanover Ins. Co. v. Rapo & Jepsen Ins. Svcs., Inc., Docket No. SJC-09780 (August 3, 2007).
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Read More Massachusetts Recognizes Common Interest Doctrine, Joint Defense Privilege
Massachusetts Insurance Commissioner Introduces Managed Competition Into The State’s Auto Insurance Market
By Troutman Pepper Locke on
On July 16, 2007, the Massachusetts Commissioner of Insurance, Nonnie S. Burnes, issued two decisions which will introduce managed competition into the Massachusetts automobile insurance market.
Massachusetts Insurers Insolvency Fund Not Implicated Until Uninsured Motor Vehicle Coverage Is Exhausted
On July 12, 2007, the Massachusetts Supreme Judicial Court held that, where a vehicle causing an accident is owned by a governmental entity and is insured by an insolvent insurer, the Massachusetts Insurers Insolvency Fund is not obligated to compensate the injured individual unless and until the injured individual’s own uninsured motor vehicle coverage has been exhausted.
First Circuit Finds Flexibility in “Sudden and Accidental” Pollution Exception
By Troutman Pepper Locke on
On May 30, the U.S Court of Appeals for the First Circuit held that an insured’s broad allegations of pollution over a course of decades are enough to trigger a liability insurer’s duty to defend environmental contamination lawsuits.
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Read More First Circuit Finds Flexibility in “Sudden and Accidental” Pollution Exception
Insured Is Under No Duty To Notify Insurer of Material Changes In Coverage Risk
By Troutman Pepper Locke on
A Massachusetts Appeals Court recently issued an opinion that highlights the importance of policy provisions and renewal application questions requiring insureds to update the insurer concerning changes in circumstances.
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Read More Insured Is Under No Duty To Notify Insurer of Material Changes In Coverage Risk