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

Introduction and Exclusion of Evidence; Burdens of Proof

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J.W. Carney, Jr., Esq., Carney Gaudet & Carney
Nathanial R. Carney, Esq., Carney Gaudet & Carney

Chapter 02 expand

Judicial Admissions and Evidentiary Admissions

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J.W. Carney, Jr., Esq., Carney Gaudet & Carney
Daniel J. Gaudet, Esq., Carney Gaudet & Carney

Chapter 03 expand

Witness Competency

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Neerja Sharma, Esq., Zucker Law Group LLP
Ellen J. Zucker, Esq., Zucker Law Group LLP

Chapter 04 expand

Evidentiary Privileges

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William Eugene Evans, Esq., Goodwin Procter LLP

Chapter 05 expand

Hearsay

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Gilda Tuoni Russell,

Chapter 06 expand

Expert Testimony

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Erin J. Meehan, Esq., Doherty, Wallace, Pillsbury & Murphy, PC
L. Jeffrey Meehan, Esq., Doherty, Wallace, Pillsbury & Murphy, PC

Chapter 07 expand

Unavailable Witnesses

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J.W. Carney, Jr., Esq., Carney Gaudet & Carney
Nathanial R. Carney, Esq., Carney Gaudet & Carney

Chapter 08 expand

Real Evidence

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J.W. Carney, Jr., Esq., Carney Gaudet & Carney
Andrea L. Davulis, Esq., MA Attorney General's Office

Chapter 09 expand

Documentary Evidence

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Matthew A. Kane, Esq., Laredo, Smith and Kane, LLP
Payal Salsburg, Esq., Laredo, Smith and Kane, LLP

Chapter 10 expand

Impeachment

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J.W. Carney, Jr., Esq., Carney Gaudet & Carney
Daniel J. Gaudet, Esq., Carney Gaudet & Carney

Appendix

Massachusetts Guide to Evidence, 2025 Edition—Quick Reference Version

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