Product Description

Recent updates:

• Update: August 2024

  Dear Subscriber:

  Thank you for updating your library with the 2024 edition of the Massachusetts Liability Insurance Manual. This latest version brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions.

  Highlights from the many issues addressed in this edition include

  • the scope of the exclusion for ride-sharing services set forth in Massachusetts personal automobile insurance policies;

  • interpretation of the term "physical abuse" in a homeowner's insurance policy as applying to exploitation or misuse of power, but not to assault (punching and kicking of the victim);

  • recent case law on compliance with the strict notice requirements of claims-made policies, even if the insurer had actual notice of the claim;

  • interpretation of the "other insurance" clause in a homeowner's policy where there are multiple insurance policies covering the same loss;

  • the inclusion of "misappropriation of funds" exclusions in professional liability insurance policies;

  • interpretation of "suspension of operations" clauses in the context of an insured's responsibility to mitigate losses under a property insurance policy;

  • recent case law clarifying the scope of an insurer's duty to defend the insured;

  • a holding that damages "caused by bodily injury" do not include attorney fees awarded in a Chapter 93A action in which the plaintiff alleged bodily injury;

  • an insurer's obligation to conduct a prompt and reasonable investigation in preparing to extend a settlement offer;

  • guidance to insurers restricting their adjustments of premiums or risk classifications based on a provider's offering reproductive health care services in Massachusetts; and

  • the scope of exclusions for violations of law in insurance coverage for employment-related practices.

  We trust that you will find this latest version of the Massachusetts Liability Insurance Manual an invaluable resource for your busy practice.

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

Basic Elements of the Insurance Contract

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James P. Hoban, Esq., Mirick, O'Connell, DeMallie & Lougee LLP

Chapter 02 expand

Automobile Insurance

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Kathryn Anbinder Covarrubias, Esq., Law Offices of Roberta Fitzpatrick

Chapter 03 expand

Homeowner’s Liability Insurance

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Carol A. Griffin, Esq.,

Exhibit 3A

- Sample Reservation of Rights Letter Buy Form

Exhibit 3B

- Sample Nonwaiver Agreement Buy Form

Chapter 04 expand

Commercial General Liability Policies

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Rachel J. Eisenhaure, Esq., Kenney & Sams, PC

Chapter 05 expand

Professional Liability Insurance Issues

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Daniel Conte, Esq., Hinshaw & Culbertson LLP
David A. Grossbaum, Esq., Hinshaw & Culbertson LLP

Chapter 06 expand

Reinsurance

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John T. Harding, Jr., Esq., McAngus Goudelock & Courie LLC

Exhibit 6A

- Glossary of Common Reinsurance Terms Buy Form

Chapter 07 expand

Excess Insurance

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Carol A. Kelly, Esq., CRICO/Risk Management Foundation

Chapter 08 expand

Environmental Coverage Disputes

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William A. Schneider, Esq., Morrison Mahoney LLP

Chapter 09 expand

Obligations of Insurer and Policyholder

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Creighton K. Page, Esq., Foley Hoag LLP
Martin C. Pentz, Esq., Foley Hoag LLP

Exhibit 9A

- Court’s Order Staying Litigation in Eastern Enterprises v. Hanover Insurance Co. Buy Form

Exhibit 9B

- Court’s Order Staying Discovery in Commercial Union Insurance Co. v. RohmTech, Inc. Buy Form

Exhibit 9C

- Court’s Allowance of Protective Order in American Policyholders Insurance Co. v. Nyacol Products, Inc. Buy Form

Exhibit 9D

- Court’s Order Staying Litigation in Hometown America, LLC v. Starnet Insurance Co. Buy Form

Chapter 10 expand

Insurance Brokers and Agents

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Richard E. Quinby, Esq., Barton Gilman LLP
Natalie Newsom Sullivan, Esq., Barton Gilman LLP

Chapter 11 expand

Declaratory Judgment Suits

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Nancy D. Adams, Esq., Mintz Levin Cohn Ferris Glovsky and Popeo, PC
Kim V. Marrkand, Esq., Mintz Levin Cohn Ferris Glovsky and Popeo, PC

Chapter 12 expand

Ethical Considerations

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Gilda Tuoni Russell,

Chapter 13 expand

Bad Faith Claims Handling—G.L. c. 93A and G.L. c. 176D

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Thomas F. Maffei, Esq., Sherin and Lodgen LLP
Sara J. Shanahan, Esq., Sherin and Lodgen LLP

Chapter 14 expand

Insurance Regulation

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Robert A. Whitney, Esq., McAngus, Goudelock & Courie LLC

Chapter 15 expand

Insurer Insolvency

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Kurt Michael Mullen, Esq., Pierson Ferdinand LLP

Chapter 16 expand

Fidelity and Surety Bonds

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John P. Connelly, Esq., Hinckley Allen LLP

Chapter 17 expand

Insurance Coverage for Employment-Related Practices

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Robert A. Whitney, Esq., McAngus, Goudelock & Courie LLC

Exhibit 17A

- Insurance Services Office’s Employment-Related Practices Exclusion (Form CG 21 47 07 98) Buy Form

Exhibit 17B

- Insurance Services Office’s Employment-Related Practices Liability Coverage Form (Form EP 00 01 04 98) Buy Form

Exhibit 17C

- Lexington Insurance Company’s Employment Practices Liability Policy (Form LEX-CM-EPLIT (ED.06/95), LX0557) Buy Form

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