Posts tagged Massachusetts.
Massachusetts Supreme Judicial Court Holds that State’s Wiretap Act Does Not Apply to Website Browsing Tracking Claims
Massachusetts Supreme Judicial Court Holds that State’s Wiretap Act Does Not Apply to Website Browsing Tracking Claims
Insurers Need Not Prove Prejudice to Deny Coverage for Failure to Provide “Prompt Written Notice” Under a Claims-Made Policy
Insurers Need Not Prove Prejudice to Deny Coverage for Failure to Provide “Prompt Written Notice” Under a Claims-Made Policy
Court Analyzes “Former Director and Officer” and “Shareholder Derivative” Exceptions to Insured v. Insured Exclusion
Court Analyzes “Former Director and Officer” and “Shareholder Derivative” Exceptions to Insured v. Insured Exclusion
Massachusetts Federal Court Holds Defense Costs Must Be Reasonably Allocated Between Insured and Non-Insured Parties
Massachusetts Federal Court Holds Defense Costs Must Be Reasonably Allocated Between Insured and Non-Insured Parties
First Circuit Confirms That Late Notice Bars Coverage Under Claims-Made-And-Reported Policy
First Circuit Confirms That Late Notice Bars Coverage Under Claims-Made-And-Reported Policy
Massachusetts High Court Rejects Insured’s Claim to Recovery Expenses Incurred to Prevent Business Interruption
Massachusetts High Court Rejects Insured’s Claim to Recovery Expenses Incurred to Prevent Business Interruption
University’s Late-Noticed Claim Not Covered Under Claims-Made-And-Reported Policy; Notoriety of Claim Not an Excuse
University’s Late-Noticed Claim Not Covered Under Claims-Made-And-Reported Policy; Notoriety of Claim Not an Excuse
First Circuit Joins Other Circuits in Finding COVID-19-Related Losses Do Not Trigger “Business Interruption Coverage” Under Commercial Property Insurance Policy
First Circuit Joins Other Circuits in Finding COVID-19-Related Losses Do Not Trigger “Business Interruption Coverage” Under Commercial Property Insurance Policy
Massachusetts Court Confirms No Prejudice Required to Deny Coverage for Late Notice under Claims-Made Policy
Massachusetts Court Confirms No Prejudice Required to Deny Coverage for Late Notice under Claims-Made Policy
Pandemic-Related Losses Not “Direct Physical Loss of or Damage to Property” And Do Not Trigger Coverage Under Commercial Property Policy
Pandemic-Related Losses Not “Direct Physical Loss of or Damage to Property” And Do Not Trigger Coverage Under Commercial Property Policy
First Circuit Holds “Breakaway” Church Not an “Insured” Under Original Church’s D&O Policy
First Circuit Holds “Breakaway” Church Not an “Insured” Under Original Church’s D&O Policy
SEC Investigation Is a Claim First Made When Formal Order of Investigation Issues
SEC Investigation Is a Claim First Made When Formal Order of Investigation Issues
Massachusetts SJC: E&O Insurers May Allow Insureds to Veto Settlement, But Settlement-Related Duties to Claimants Remain
Massachusetts SJC: E&O Insurers May Allow Insureds to Veto Settlement, But Settlement-Related Duties to Claimants Remain
Claim Against Law Firm Alleging Failure to Transfer Client Files Satisfies Policy’s Definition of “Legal Services”
Breakaway Church Not an “Insured” Under Original Church’s D&O Policy
Third Party’s Breach of Contract Claim Against Broker Survives Motion to Dismiss
SEC Investigation Constitutes One Claim; Component Subpoenas Are Not Written Demands for Non-Monetary Relief
Professional Services and ERISA Exclusions Do Not Bar Coverage for Mismanagement Lawsuit Brought by Pension Fund Against Real Estate Advisory Fund
Law Firm Entitled to Coverage for Claim Alleging Failure to Transfer Client Materials and to Notify Clients of Departing Attorneys
SEC’s Formal Order of Investigation Constitutes “Claim” First Made Before Policy Period
Insurer Obligated to Defend Entire Suit Where Covered Claim Could Stand Independent of Non-Covered Claims
D&O Insurer Has Duty to Defend Where Allegations Arguably Implicate Insured Capacity
Insured’s Non-Covered Counterclaim Does Not Create Conflict Entitling It to Select Independent Counsel
Court Declines to Hold Broker Accountable for Insured’s Failure to Report Known Claims in Application
No Coverage Available for Employment-Related Claims Under Policy D&O and EPL Coverage Sections
Duty to Defend Does Not Extend to Prosecution of Affirmative Counterclaims
Negligent Misrepresentation Claim Alleges Wrongful Act Despite Contract-Based Damages
Competitor’s Claims That Broker Engaged in Unfair Business Practices Involve Professional Services and Are Not Precluded by the “Unfair Competition of Any Type” Exclusion
Insurer Not Estopped from Denying Coverage for Failing to Send Second Coverage Letter
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