John Adams Courthouse, home of the Supreme Court of Massachusetts, and the Massachusetts Appeals Court. Photo: Swampyank via Wikipedia Unsettled Law in Massachusetts: Can an Insurer Recoup Defense Costs Provided to an Insured?
"Similarly concluding that an insurer's refusal to defend while admitting that it has the duty to do so makes out G. L. cc. 93A and 176D claims, we vacate so much of the judgment as dismissed the unfair business practices claims," Associate Justice Joseph M. Ditkoff wrote for the panel.
April 13, 2023 at 06:32 PM
6 minute read
The Massachusetts Appeals Court reversed the dismissal of claims against an insurance company after it admitted it had a duty to defend its insured in an underlying matter but refused to do so, remanding its insured's allegations of breach of contract and unfair or deceptive practices.
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