USF Insurance Company v. Langlois, et al. (Lawyers Weekly No. 11-085-14)
Insurance exclusion applied to innocent coinsured when coinsureds' interests were inextricably intertwined and nonseverable despite arson by one party.
Insurance
American International Insurance Company v. Robert Seuffer GmbH & Co. KG (Lawyers Weekly No. 10-081-14)
Defendant forfeited personal jurisdiction defense by asserting it in answer but then actively litigating on merits for eighteen months without pursuing the defense.
Commerce Insurance Co., Inc. v. Gentile, et al. (Lawyers Weekly No. 11-025-14)
Insurer successfully voided optional bodily injury coverage when insured violated operator exclusion agreement by allowing excluded driver to operate vehicle.
Associated Industries of Massachusetts Mutual Insurance Company v. Hough (Lawyers Weekly No. 11-137-13)
Employee successfully defended recoupment action in Superior Court but denied attorney's fees because statute authorizes fees only for administrative proceedings.
N.E. Physical Therapy Plus, Inc. v. Liberty Mutual Insurance Company (Lawyers Weekly No. 10-166-13)
Insurance company sought to introduce statistical database evidence to challenge medical bill reasonableness under hearsay exception. Court held trial judges retain discretion to exclude unreliable data even when statutory requirements are met.
Norfolk & Dedham Mutual Fire Insurance Company v. National Continental Insurance Company (Lawyers Weekly No. 11-099-13)
Insurance company's initial notice to the Registry of Motor Vehicles, containing a minor identification error but all required information, satisfies statutory requirement for timely cancellation notice.
Martinez Rivera et al. v. Commerce Insurance Company, et al. (Lawyers Weekly No. 11-101-13)
Consumer Protection Act damages for insurer's bad faith delay in settling claim; recoverable tort expenses and interest rate on wrongfully withheld funds.
Caron, et al. v. Horace Mann Insurance Company (Lawyers Weekly No. 10-153-13)
Mutual mistake doctrine requires prior expressed agreement between parties; silent assumptions by insured about coverage unsupported by communication to agent do not warrant policy reformation.
Golchin v. Liberty Mutual Insurance Company (Lawyers Weekly No. 10-149-13)
MedPay benefits under an auto policy are payable for medical expenses resulting from an accident even when those same expenses were paid by the insured's separate health insurance policy.
Deutsche Bank National Association v. First American Title Insurance Company (Lawyers Weekly No. 10-124-13)
Title insurer's duty to defend does not extend to claims challenging validity of underlying mortgage debt, only to defects in the mortgage lien itself.