Between the Lines


Massachusetts Appeals Court Clarifies Sufficiency of Notice of New Exclusions in Renewal Policies

by Tamara S. Wolfson

Insurers regularly add new provisions to renewal policies.  Many states require insurers to give the insured advance notice of a new exclusion or limitation on coverage added to a renewal policy.  Absent adequate notice, the new exclusion will be disregarded.  The Massachusetts Appeals Court recently addressed what constitutes sufficient notice… READ MORE

Can Massachusetts Law (i.e., c. 93A/176D) Apply to a Bad Faith Claim when the Interpretation of the Contract Underlying the Bad Faith Claim is Governed by Another State’s Law?

by Steven L. Schreckinger

A recent opinion addresses a frequently arising question: can Massachusetts law (i.e., c. 93A/176D) apply to a bad faith claim when the interpretation of the contract underlying the bad faith claim is governed by another state’s law?  In Great Lakes Insurance SE v. Anderson, decided on a motion for… READ MORE

Show us the money! Finding insurance coverage for all of your pandemic pains.

by Steven L. Schreckinger

Will There Be Insurance Coverage for Tuition Refund And Other COVID-19 Related Claims?… READ MORE

Small Words in an Insurance Policy Make a Big Difference

by Harvey Nosowitz

image credit: moolanomy Contractor Not Covered Under Subcontractor’s Policy For Claim By Subcontractor’s Employee. The rules for interpreting a contract, including an insurance policy, require a court to give meaning and effect to every word whenever practicable.  That principle is illustrated by a recent case,… READ MORE

Supreme Court Creates New “Functional Equivalent” Test for Groundwater Discharges

Anderson & Kreiger

Image by Free-Photos from Pixabay. Wading into a dispute about the Clean Water Act’s applicability to groundwater discharges, the Supreme Court handed environmentalists a somewhat surprising victory in County of Maui v. Hawaii Wildlife Fund.  However, the lower courts, EPA, and the regulated community will have many… READ MORE

How COVID-19 is Affecting Environmental Permitting

by Jessica A. Wall

As government agencies at every level continue to implement programs to combat the spread of the Coronavirus, many environmental practitioners are struggling to make sense of what this means for their environmental permitting timelines. Below, we have compiled an overview of the main federal, state, and local… READ MORE

Does Your Massachusetts Business Have 150 or Fewer Full Time Employees and a Property Insurance Policy? You May Be Covered for COVID-19 Losses.

by Steven L. Schreckinger

A bill (Senate No. 2888) currently pending in the Massachusetts Legislature could provide some much needed relief for businesses such that have incurred losses or interruptions due to COVID-19.  The bill would allow businesses to recover under their property damage insurance policies for any loss of business or business… READ MORE

Massachusetts and Federal Updates on PFAS Regulation

by Jessica A. Wall

Image by Baudolino from Pixabay On February 20, the U.S. Environmental Protection Agency (EPA) announced that it would begin a regulatory determination process aimed at deciding “whether or not to begin the process to propose and promulgate a national primary drinking water regulation” for… READ MORE

Policyholder Veto Power Over Settlement Does Not Conflict with Insurer’s Duty to Settle Under Massachusetts Unfair Insurance Practices Statute.

by Harvey Nosowitz

Image by TeroVesalainen from Pixabay Insurer Is Still Obligated To Conduct Reasonable Investigation And Make Good Faith Effort To Settle When Liability Is Reasonably Clear. Many professional liability policies provide that the insurer will not settle without the policyholder’s consent.  These consent-to-settle clauses give professionals… READ MORE

Insurers Can No Longer Deny Coverage on the Basis that the Conduct Alleged is Intentional.

by Steven L. Schreckinger

Image by Tumisu from Pixabay A recent Massachusetts federal court decision (Stearns, J.) addresses two vexing coverage questions involving Massachusetts coverage law: Does a tort plaintiff have standing to argue in favor of coverage before there is a judgment in the… READ MORE