U.S. District Court for the District of Massachusetts in Boston. Credit: Google. Accidents Will Happen? Judge Says Insurer Must Defend Builder Accused of Violating 'Tree-Cutting Statute'
"In the court's view, the allegations here are broad enough to reasonably sketch a claim that Partington had a mistaken but reasonable belief that it was authorized to cut the trees," the court said. "Such a claim would be for property damage arising out of an occurrence, meaning it would be a 'loss [that] fits the expectation of protective insurance reasonably generated by the terms of the policy,' thus triggering Nautilus's duty to defend."
February 08, 2023 at 01:51 PM
5 minute read
Whether a developer mistakenly believed it had the right to remove trees and dirt from a property was the deciding factor in a ruling requiring its insurer to defend it against a lawsuit brought by the property owners.
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