McEvoy v. Savings Bank Life Insurance Co. of Massachusetts (Lawyers Weekly No. 12-084-17)
Superior Court denies preliminary injunction to stop policyholder vote on converting stock life insurance company to mutual company owned by policyholders.
Insurance
Mount Vernon Fire Insurance Company v. Visionaid, Inc. (Lawyers Weekly No. 10-108-17)
Employment practices liability insurer's duty to defend does not include obligation to prosecute affirmative counterclaims on behalf of insured.
Chamberland v. Arbella Mutual Insurance Company (Lawyers Weekly No. 11-077-17)
Underinsured motorist carrier did not waive arbitration right by waiting until insured's underlying action concluded. Collateral estoppel does not apply where policy requires arbitration.
Chamberland v. Arbella Mutual Insurance Company (Lawyers Weekly No. 11-077-17)
Underinsured motorist insurer did not waive arbitration rights by waiting until insured's lawsuit against tortfeasor concluded before demanding arbitration of coverage dispute.
Nguyen v. Arbella Insurance Group (Lawyers Weekly No. 11-064-17)
Homeowner's insurance policy business pursuits exclusion barred coverage for claims arising from insured's police department employment.
The Hanover Insurance Group, Inc. v. Raw Seafoods, Inc. (Lawyers Weekly No. 11-048-17)
Scallop damage caused by unknown failure during processing constitutes an "occurrence" under liability policy when negligence was established and damage was unforeseeable.
Liberty Mutual Insurance Co. v. Peoples Best Care Chiropractic and Rehabilitation, Inc., et al. (Lawyers Weekly No. 12-047-17)
Massachusetts court enforces Illinois class action settlement on insurance reimbursement rates, holding settlement binds non-opting-out defendants under Full Faith and Credit Clause.
Caira v. Zurich American Insurance Co. (Lawyers Weekly No. 11-045-17)
Insurer properly conditioned payment of policy limit on claimant's release of insureds, despite available excess insurance, under Lazaris precedent governing fair settlement practices.
Holyoke Mutual Insurance Company in Salem, et al. v. Vibram USA, Inc. (Lawyers Weekly No. 12-031-17)
Insurance companies cannot recoup defense costs advanced under reservation of rights when the policy contains no reimbursement provision, even if a court later determines no coverage existed.
Holyoke Mutual Insurance Company in Sale,, et al. v. Vibram USA, Inc. (Lawyers Weekly No. 12-031-17)
Insurance companies cannot recoup defense costs advanced under reservation of rights when no coverage existed, absent explicit policy language. Unpaid defense costs incurred before declaratory judgment of no coverage cannot be recovered.