Berkley National Ins. Co. v. Atlantic-Newport Realty LLC, et al
October 03, 2023
A First Circuit panel seemed unclear during oral arguments Tuesday if a telecommunication company's silence in response to its insurer's notification of the $5.2 million settlement of a personal injury case entitles the carrier to recoup defense and indemnification costs.
October 02, 2023
The First Circuit will face a formidable task when it addresses whether an insurer can recover the costs it incurred defending and settling a personal injury suit, experts say, as it must decide if a federal judge's decision in favor of the carrier aligns with a Massachusetts high court ruling.
June 02, 2023
An insurance trade group asked the First Circuit to affirm a Massachusetts federal court's ruling that Berkley National Insurance is entitled to recoup costs it incurred in defending and settling a man's foot infection claims, saying an insurer cannot be expected to defend and indemnify a policyholder for noncovered claims.
May 25, 2023
An insurer urged the First Circuit to affirm it must be reimbursed for costs incurred defending and settling a man's foot infection claims that fell under a policy exclusion, arguing Thursday that if the appeals court reverses, it would make insurers less likely to defend insureds under reservations of rights.
April 12, 2023
A commercial building owner and lessee urged the First Circuit on Wednesday to reverse a Massachusetts district court's finding that the lessee's insurer had no coverage obligations over a man's settled foot infection claims, arguing the insurer never made its settlement contingent on reimbursement if it prevailed in ensuing coverage litigation.