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Recent updates:

• 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 homeowners 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 insureds "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 insureds 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 insurers 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

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