Silva v. Steadfast Insurance Company (Lawyers Weekly No. 11-097-15)
Insurer's duty to settle applies once liability and damages are reasonably clear. Owner's appeals kept damages uncertain, justifying insurer's delay.
Insurance
Moroney Body Works, Inc. v. Central Insurance Companies (Lawyers Weekly No. 11-093-15)
Commercial insurer's liability for bookmobile fire damage limited by other insurance clause and loss payment provision giving insurer election to pay repair costs only.
Ramos, et al. v. International Fidelity Insurance Company (Lawyers Weekly No. 11-073-15)
Agent misappropriated bail collateral and insurance premiums. Principal remained liable for agent's acts within actual authority despite agent acting for personal gain. Consumer Protection Act violation based on illegal premium overcharges.
Preferred Mutual Insurance Company v. Vermont Mutual Insurance Company, et al. (Lawyers Weekly No. 11-062-15)
Insurance coverage dispute involving homeowner and commercial policies. Court held Vermont Mutual must defend and indemnify homeowner's adult son despite business exclusion; Preferred Mutual must share defense costs.
OneBeacon America Insurance Company v. Narragansett Electric Company v. American Home Assurance Company, et al. (Lawyers Weekly No. 11-055-15)
Environmental insurance coverage dispute involving contamination at multiple sites. Court applies Massachusetts statute of limitations to breach of contract claims and reverses certain summary judgments where material fact questions existed regarding insurer disclaimers.
Borden v. Progressive Direct Insurance Company (Lawyers Weekly No. 11-052-15)
Personal auto insurance policy's exclusion for automobile business applies to towing company employee using nonowned tow truck in course of employment.
Chiulli v. Liberty Mutual Insurance, Inc., et al. (Lawyers Weekly No. 11-032-15)
Appeals court affirms denial of anti-SLAPP motion by insurer sued for failing to offer reasonable settlement when liability became clear.
Byron V. Hartunian, M.D., P.C. v. Pilgrim Insurance Company (Lawyers Weekly No. 11-152-14)
Insurer violated consumer protection law by delaying orthopedic bill payment, using wrong-specialty reviewer, and failing to give required notice.
Verrill Farms, LLC v. Farm Family Casualty Insurance Company (Lawyers Weekly No. 11-141-14)
Fire loss claimant resumed operations at temporary locations. Policy interpretation dispute over whether ordinary payroll expenses can offset gross income in calculating business income loss.
Auto Flat Car Crushers, Inc. v. Hanover Insurance Company (Lawyers Weekly No. 10-170-14)
Insurer's reimbursement of insured's expenses does not bar Chapter 93A claim, but eliminates contract damage claims after acceptance of payment.