Bad Faith – only if ALL other insurers would have settled
ISSUE By what standard is bad faith failure to settle measured in Massachusetts? Silva v Norfolk & Dedham Mass App Ct 2017 – set out the standards. HOLDING There must be expert evidence that NO reasonable insurer, having the information available to the carrier on trial – would have failed to settle. **2020 update –… Read More »Bad Faith – only if ALL other insurers would have settled
Appeal Threat by Insurer After Verdict Found to Be Bad Faith
Massachusetts case clarifies standards for when insurers must offer reasonable settlements. Chiulli vs. Liberty Mutual Insurance Mass App Ct (2020) See my earlier post on the same issue in another decision www.silverlakelegal.com/bad-faith-only-if-all-other-insurers-would-have-settled/ FACTS Disagreement over a barstool led to a fight just outside the bar. Chiulli one of the battlers, got badly hurt and sued… Read More »Appeal Threat by Insurer After Verdict Found to Be Bad Faith
Additional Insured’s Policy Made to Pay First As Primary – With The Named Insured As Excess
Sophisticated insureds can’t understand additional insured either Scottsdale Insurance v United Rentals US Dist Ct. Massachusetts (2018) FACTS Gomes had Scottsdale Insurance and when Gomes rented a lift from United Rentals it added United Rentals as additional insured. A Gomes employee was operating the lift when it caused personal injury to Ayotte. Ayotte sued… Read More »Additional Insured’s Policy Made to Pay First As Primary – With The Named Insured As Excess
Vermont Mutual v Poirier SJC (2022) FACTS Sewage got into a homeowner’s basement. Poirier (doing business as Servpro of Fitchburg-Leominster) cleaned it up. Poirier warned the homeowner to stay out of the basement while the disinfectants dried but did not warn her that going in, before the disinfectants dried, could be dangerous to her health.… Read More »93A Attorney’s Fees Not Covered by GL
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