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11/29/21  |  Reported Decisions

Laramie v. Philip Morris USA Inc., 488 Mass. 399 (2021)

The Massachusetts Supreme Judicial Court considered whether the Massachusetts Attorney General’s settlement precluded recovery of punitive damages under the wrongful death statute for claims brought decades later.

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11/29/20  |  Reported Decisions

Capitol Specialty Ins. Corp. v. Higgins, 953 F.3d 95 (1st Cir. 2020)

The United States Court of Appeals for the First Circuit rejected using a stipulated consent judgment from an underlying tort case as the basis for a bad faith damages award against the

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05/20/19  |  Reported Decisions

New York State Elec. & Gas Corp. v. Century Indem. Co., No. 5:13-CV-976, 2017 WL 11454848 (N.D.N.Y. March 31, 2017), aff’d 767 Fed. Appx. 188 (2d Cir. 2019), pet. for reh’g and reh’g en banc denied, No. 18-1012 (2d Cir. May 20, 2019)

Environmental liability insurance coverage litigation. Insured public utility sought to recover defense, investigation and remediation costs incurred as a result of historical manufactured gas plant operations. The parties engaged in extensive motion

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06/30/18  |  Reported Decisions

Pacific Employers Ins. Co. v. Travelers Cas. & Sur. Co., 888 F. Supp. 2d 271 (D. Conn. 2012); 2012 WL 3202934 (D. Conn. Aug. 3, 2012); 136 F. Supp. 3d 211 (D. Conn. 2015); 2016 WL 3753049 (D. Conn. July 11, 2016); 729 F. App’x 129 (2nd Cir. 2018)

Liability insurance coverage litigation involving negligent supervision claims against insured resulting from the sexual abuse of minors. Extensive motion practice concerning the applicability of professional and general liability coverage, including defense and

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06/30/17  |  Reported Decisions

OneBeacon America Insurance Co. v. Celanese Corp., 92 Mass. App. Ct. 382 (2017)

Insurance coverage litigation involving insurer’s right to control the defense and hire defense counsel of its choice when it offered to defend the insured without reservation of rights. Legal issues included duty

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05/30/17  |  Reported Decisions

OneBeacon Am. Ins. Co. v. Narragansett Elec. Co., 87 Mass. App. Ct. 417 (2015); 473 Mass. 1108 (2015); 90 Mass. App. Ct. 123 (2016); 476 Mass. 111 (2017)

Insurance coverage litigation involving manufactured gas plant contamination of Massachusetts and Rhode Island sites by public utility.  Legal issues included choice of law, duty to defend, statute of limitations and pollution exclusion.

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04/30/17  |  Reported Decisions

Morgan v. Massachusetts Homeland Insurance Company, 91 Mass. App. Ct. 1 (2017)

Insured car owner, on behalf of himself and a purported class, brought action against insurer client alleging unfair and deceptive settlement practices in violation of Chapters 93A and 176D. The Superior Court

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06/30/15  |  Reported Decisions

Giant of Maryland, LLC v. Taylor, 109 A.3d 142, 2015 WL 417186 (2015)

Appeal concerning surety’s obligation under supersedeas bond, in the Maryland Court of Special Appeals. The Court held that the bond covering a statutory award of attorneys’ fees could not be enforced where