Striking a Balance: Motor Carriers, Insurers, and the Innocent Motoring Public
2/17/20
By: Mallory Ball
Some courts are striking a balance where innocent third parties are injured from the negligence of motor carriers by finding coverage despite the terms and conditions of the insurance policy. For example, some insurance policies restrict the …
Consent-To-Settle Clauses Upheld by Massachusetts’ Highest Court
2/13/20
By: Zinnia Khan
The Supreme Judicial Court of Massachusetts (“SJC”) recently issued its highly anticipated decision in Rawan v. Continental Casualty Co. regarding the enforceability of consent-to-settle clauses. The SJC held that consent-to-settle clauses do not violate G.L. c. 176D, …
Watching Where You’re Going – What Drivers should know about Usage-Based Insurance
2/10/20
By: Eric Retter
With the introduction and growth of usage-based automobile insurance (“UBI”), drivers should be aware of the benefits and costs of this new product. Usage-based insurance – sometimes known as pay-per-mile, pay-as-you-drive (“PAYD”) or pay-as-you-go, has introduced a …
Homeowner’s Insurance Coverage: An Issue For Those Who Home-Share?
12/18/19
By: Emily Williams
With home-sharing on the rise, homeowners should know what their insurance policies cover and exclude and, perhaps, update their coverage. A business pursuits/rental exclusion is included in most homeowner’s insurance policies. A common form of this exclusion …
12/16/19
By: Catherine Bednar
Plaintiff Capital Crossing Servicing Company, LLC (“Capital Crossing”), a loan servicing company, filed a lawsuit in Massachusetts against its insurer, Mapfre Praico Insurance Company (“Mapfre”). The lawsuit involves a coverage dispute over property damage claims following Hurricane …
Municipalities Continue Winning at Georgia Court of Appeals
10/31/19
By: Sun Choy and Wes Jackson
Last week the Georgia Court of Appeals issued a favorable ruling for the City of Statesboro that will benefit municipalities (and their insurers) across the state. The decision included two advantageous decisions for municipalities …
Court of Appeals clarifies “Your Work” Exclusion in CGL
10/30/19
By: Robert Bazzo
A frequently litigated issue in the commercial general liability (CGL) policy is the extent and limits of the coverage for contractors under the definition of “Your Work” and related exclusions. Under the insurance laws in most states, …
To Be An Advertising Injury, Or Not To Be: That Is The Question
10/29/19
By: Michael Weinberg
The benefits of advertising injury coverage in the standard CGL policy (the “Policy”) are welcomed by many insureds. After all, marketing and advertising are important to most if not all businesses. Under the Policy, coverage is afforded …
What You Don’t Know Can Hurt You: The Enforceability of Long-Term Leak Exclusions
10/24/19
By: Anastasia Osbrink
My family and I recently arrived home one evening to discover our laminate floors warm to the touch and pushing up at the seams. A friend who was visiting asked if we had heated floors. Heated floors? …
Consent-to-Settle Clauses Under Review in Massachusetts
9/30/19
By: David Slocum
Earlier this month, the Massachusetts Supreme Judicial Court (the SJC), the state’s highest court, heard oral argument in a case which presents the question whether consent-to-settle clauses typical to most professional malpractice insurance policies should be deemed …
More Money Can Mean More Problems: The Evolution of Coverage for Cryptocurrency
9/20/19
By: Danny Walsh and Isis Miranda
Businesses, governments, and non-profits across the globe are implementing projects that leverage blockchain, a digital ledger technology, to improve their operations.
Cryptocurrency is one of the more controversial uses of blockchain technology. Although Bitcoin …
Investors’ Life Insurance ‘Gamble’ Busts out in NJ Courts
9/19/19
By: Justin Boron
To take out insurance, you almost always need an “an insurable interest” in the risk being insured, such as a financial interest in a home or a car. It’s what prevents strangers to the risk from betting …