Product Description

Recent updates:

• Update: June 2022

  Dear Subscriber:

  Thank you for updating your reference library with the 2022 supplement to the Massachusetts Liability Insurance Manual. This updated product brings the latest in liability insurance law within your immediate reach—for fast, accurate, and practical answers to your questions and practice challenges.

  Highlights from among the issues addressed in this supplement include

  • whether an insurer's threat to file an untenable appeal as a means of leveraging more-favorable settlement terms represents a violation of G.L. c. 93A, § 9(3);

  • misrepresenting the location of a vehicle's garaging in connection with an automobile insurance policy;

  • clarifying what activities "arise out of" or "in connection with" an insured's business pursuits and are therefore excluded from coverage under a homeowner's policy;

  • an exclusion for uninsured premises as inapplicable to the use of a portable electric generator at a remote cabin that was not listed on the insured's homeowner's policy;

  • a Supreme Judicial Court holding that pushing another person on a sidewalk did not fall within a policy's exclusion for bodily injury arising out of "physical abuse";

  • a duty to defend under a professional liability policy despite an allegation in the complaint that the insureds acted as "fixers" for the defendant rather than as lawyers;

  • a Second Circuit decision holding that traditional rules of contract construction are fully applicable to reinsurance contracts and that the reinsurer in this case was required to pay its proportionate share of defense costs in addition to the stated limits on liability;

  • the construction of identical "other insurance" clauses when coverage appears to be available under more than one primary insurance policy;

  • the right to independent counsel where the insurer reserves its right to seek a declaration that it need not indemnify the insured;

  • the effect of a consent-to-settle clause on the rights of the insured and the insurer's potential exposure under Chapter 176D;

  • the issuance of Massachusetts Division of Insurance Bulletin 2021-11, providing guidance to insurers regarding gender identity and gender dysphoria discrimination, and Bulletins 2021-08 and 2022-02, providing guidance on insurers' obligations during the COVID-19 pandemic;

  • a series of federal court decisions on whether filing requirements for employment discrimination statutes are jurisdictional;

  • a ruling of the U.S. Supreme Court that discrimination on the basis of sexual orientation or gender identity is necessarily discrimination "because of sex" prohibited by Title VII; and

  • cases addressing the applicability of employment-related-practices insurance to claims arising from the COVID-19 pandemic.

  We trust you will find this latest version of the Massachusetts Liability Insurance Manual a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

• Update: April 2020

  Dear Subscriber:

  Thank you for updating your reference library with the 2020 supplement to the Massachusetts Liability Insurance Manual. This updated product brings the latest in liability insurance law within your immediate reach—for fast, accurate, and practical answers to your questions and practice challenges.

  Highlights from among the developments addressed in this supplement include

  • the treatment of ride-sharing services in Massachusetts private passenger automobile insurance;

  • the circumstances under which property damage will be considered to have occurred within the policy period for purposes of liability coverage under a homeowner's insurance policy;

  • the scope of the exclusion for bodily injury that is intended or expected by the insured;

  • the scope of a business pursuits exclusion defined to encompass claims arising out of the insured's "trade, profession or occupation";

  • the circumstances under which a demand letter may trigger a duty to defend;

  • an extensive discussion by the Supreme Judicial Court of the obligations of an insurer that agrees to pay for the insured's defense under a reservation of rights;

  • what types of actions may give rise to a claim under a directors and officers insurance policy;

  • the relationship between consent-to-settle clauses and an insurer's obligation to effectuate a prompt settlement under G.L. c. 176D, § 3(9)(f) once liability is reasonably clear; and

  • an overview of recent employment discrimination filings and a U.S. Supreme Court ruling that the requirement of filing an Equal Employment Opportunity Commission (EEOC) action prior to a Title VII lawsuit is not jurisdictional and therefore may be waived by employers.

  We trust you will find this latest version of the Massachusetts Liability Insurance Manual a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

• Update: December 2017

  Dear Subscriber:

  Thank you for updating your reference library with the 2017 edition of the Massachusetts Liability Insurance Manual. This updated product brings the latest in liability insurance law within your immediate reach—for fast, accurate, and practical answers to your questions and practice challenges.

  Highlights from among the developments addressed in this edition include

  • use of a licensed physical therapist to conduct an independent medical examination;

  • discussion of the business, intentional acts, and sexual molestation ex-clusions in homeowners' policies;

  • the circumstances under which an event will constitute an occurrence under a commercial general liability (CGL) insurance policy;

  • the possibility that a professional liability policy may cover suits by competitors alleging negligent business decisions;

  • the law on insurers' reimbursement of prenotice defense costs;

  • the use of a fact-based allocation method to determine responsibility for environmental damages;

  • the difference between a reservation of rights and an acceptance of coverage in determining the legal fees paid by the insurer;

  • the scope of business-to-business liability under G.L. c. 93A, § 11;

  • the availability of multiple damages under Chapter 93A;

  • misrepresentation by omission in insurance applications; and

  • gender identity discrimination in the workplace.

  We trust you will find this latest version of the Massachusetts Liability Insurance Manual a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

Chapter 1 expand

Basic Elements of the Insurance Contract

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

Chapter 2 expand

Automobile Insurance

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

Chapter 3 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 4 expand

Commercial General Liability Policies

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Rachel J. Eisenhaure, Esq., Kenney & Sams, PC
Eric B. Hermanson, Esq., White and Williams LLP

Chapter 5 expand

Professional Liability Insurance Issues

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

Chapter 6 expand

Reinsurance

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John T. Harding, Jr., Esq., Sulloway & Hollis, P.L.L.C.

Exhibit 6A

- Glossary of Common Reinsurance Terms Buy Form

Chapter 7 expand

Excess Insurance

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Paul R. Keane, Esq., Martin, Magnuson, McCarthy & Kenney
Carol A. Kelly, Esq., CRICO/Risk Management Foundation

Chapter 8 expand

Environmental Coverage Disputes

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Michael F. Aylward, Esq., Morrison Mahoney LLP

Chapter 9 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

Chapter 10 expand

Insurance Brokers and Agents

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Richard E. Quinby, 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., Sulloway & Hollis, PLLC

Chapter 15 expand

Insurer Insolvency

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Gregory P. Deschenes, Esq., Nixon Peabody LLP
Joseph C. Tanski, Esq., Nixon Peabody 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., Sulloway & Hollis, PLLC

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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