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Law.com

Massachusetts High Court Resolves Definition of 'Surface Waters' in Insurance Dispute Over Flooding Damage

"In sum, we conclude that it is ambiguous whether rainwater accumulation on roofs constitutes 'surface waters' within the meaning of the policies," Associate Justice Scott L. Kafker wrote for the Massachusetts Supreme Judicial Court. "Our conclusion that this language is ambiguous is confirmed by the inconsistency in the case law, which flows naturally from this ambiguity. As we must read any such ambiguity in the policies in favor of the policy holder, we do so in the instant case."
5 minute read

New York Law Journal

Don't Allow Insurers to Weaken the Standard Applicable to the 'Expected or Intended' Coverage Defense

"In determining whether an organization's potential liability for an employee's sexual misconduct is covered, the relevant question is whether the harm was expected or intended from the organization's standpoint," write Joshua L. Blosveren and Bradley J. Nash.
11 minute read

Daily Business Review

Marshall Dennehey Hires Casualty Team From Quintairos Prieto Amid Accelerated Litigation Timelines

Shareholder Raychel Garcia said her new firm is "really ready to rock and roll with the huge caseloads that came from tort reform and now the shorter timelines that we have to get these cases ready for trial."
3 minute read

The Legal Intelligencer

A Day Late and an Exclusion Short: Consequences of Drafting an Inadequate Reservation of Rights Letter

While usually seen as a standard, boilerplate letter, attorneys must be cognizant of the obligations imposed on them across the states to ensure that a Reservation of Rights letter complies with each state's specific requirements on the timing of delivery of the letter and the content of the letter to preserve its defenses and avoid prejudicing the insured.
8 minute read

The Legal Intelligencer

Current Status of Household and Regular Use Exclusions

Litigation regarding the validity and enforceability of various exclusions in auto policies in Pennsylvania is a never-ending tug of war between claimants and insurance companies. The most heated battles are in the realm of household and regular use exclusions. The fight over these exclusions may finally be coming to an end.
8 minute read

Law.com

8th Circuit Revives Homeowner's Coverage Dispute Against Nationwide Following 'Public Auction' Confusion

The Eighth Circuit considered whether Nationwide met its burden to show that an ordinary person would understand that a post third sale offering of a tax-delinquent house is a public auction.
4 minute read

Daily Report Online

No Bad Faith for Denying Life Insurance Benefits Over Contradictions of 'Alcohol Abuse;' Breach-of-Contract Claim Proceeds

Upon investigating whether death benefits were owed, Pacific Life found a history of "alcohol abuse" dating 10 years prior to the representations made by the deceased in his application, which omitted alcohol struggles.
5 minute read

Texas Lawyer

A Case That Could Impact Insurers' Duty to Defend Is Headed to Texas Supreme Court

A court of appeals ruled an excess policy did not unambiguously exclude defense costs for the insured, a Houston oil drilling services company involved in a personal injury settlement.
3 minute read

New York Law Journal

Insurer Wins Unanimous Decision in New York Choice of Law Battle

Count a gritty marine insurer as part of the exclusive Supreme Court's 9-0 club; winners by knockout in a hotly contested marine insurance dispute that braved its way from the District of Pennsylvania to the Third Circuit and ultimately landed in the Supreme Court.
6 minute read

Law.com

'Intent of Deceiving': Fed. Judge Voids $1.14M Insurance Claim That Was Based on 'Illusory Estimate,' Orders Plaintiffs to Pay Back $300K

"Critically, when asked for their 'proof' of that figure, the Pittsfield entities claimed that they 'have a proposal from a contractor that says it,'" wrote U.S. District Judge Nancy L. Maldonado of the Northern District of Illinois.
5 minute read

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