Berkley National Ins. Co. v. Atlantic-Newport Realty LLC, et al

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Case overview

Case Number:



Appellate - 1st Circuit

Nature of Suit:

3110 Insurance


Sectors & Industries:

  1. October 03, 2023

    Panel Unsure If Silence Is Golden For Insurer's Cost Recovery

    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.

  2. October 02, 2023

    1st Circ. Tasked With Big Decision On Insurer Cost Recovery

    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.

  3. June 02, 2023

    Insurance Group Urges 1st Circ. To Back Recoupment Ruling

    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.

  4. May 25, 2023

    Insurer Urges 1st Circ. To Affirm Reimbursement Ruling

    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.

  5. April 12, 2023

    1st Circ. Told To Reverse Insurer Reimbursement Ruling

    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.