Category archive: Massachusetts

Excess Settlement Did Not Expose Massachusetts Excess Carrier to Contractual or EC Liability

Summary: Salvati’s husband died as a result of a work injury. Ms. Salvati sued several parties she believed responsible for her husband’s death. The parties in the underlying action and their primary carrier agreed at mediation to a $6,000,000 settlement. The primary carrier tendered its $1,000,000 in coverage, but the excess carrier (American Insurance Company…

Sandberg Phoenix will be one of the Sponsors at the DRI Insurance Bad Faith and Extra-Contractual Liability Seminar

Sandberg Phoenix Insurance Chair Phil Graham and attorneys Aaron French, Ken Goleaner, and Tony Martin will be attending the DRI Insurance Bad Faith and Extra-Contractual Liability Seminar in Boston May 31 – June 2. Sandberg Phoenix is once again one of the sponsors. We hope to see you in Boston.

No Act of God Here; Massachusetts’ Appeals Court Awards EC Damages to Claimants for Insurer’s Failure to Properly Investigate and Timely Settle

Summary: Insured’s judgment creditors brought action against liability insurer to recover for unfair insurance settlement practices in connection with claim for damage to plants from salt water drawn from well drilled by insured. The trial court, after a six-day bench trial, entered judgment in favor of creditors and awarded attorney fees and expenses. Parties filed…

Insurer Required to Defend California Unfair Business Practices Suit

Summary: Landy Insurance Agency is a broker selling insurance to real estate professionals. Landy purchased a professional liability insurance policy from Utica Mutual Insurance Company. Utica Mut. Ins. Co. v. Herbert H. Landy Ins. Agency, Inc. Landy’s  targeted market included California. In California Landy sold policies from surplus insurers. One of Landy’s competitors in the…

Failing to Pay as Required by Statute Leads to Jury Trial for Plaintiff

Summary: Insurer failed to timely pay on Med Pay coverage as required by statute. Plaintiff entitled to jury trial on her claim for emotional distress and costs of bringing suit against insurer. Marie Chery v Metropolitan Property and Casualty Insurance Company, 2011 WL 2348275 (Mass.App.Ct.) The plaintiff was injured in an auto accident and incurred…

It Still Doesn’t Pay to Lie: Personal Umbrella Policy Voided by Material Misrepresentations on Insurance Application

Summary:  Whether the insured, a mother of a 17 year old boy, intentionally failed to tell her umbrella insurer that her son was now a driver, or the insured failed to sign the application, there was no coverage under the personal umbrella policy and no reason to assess “bad faith” penalties. RLI Insurance Company v….


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