Education and resources
Insurance Articles
Below is a collection of articles on the topic of Insurance Law.
Distinguishing Between an Apology and an Admission: Nunes v. Duffy and the Benevolent Gesture Statute Distinguishing Between an Apology and an Admission:
By Charles F. Rourke II A client’s post-accident admission of liability can create insurmountable obstacles even in cases where liability is weak. Whether to diffuse a distressful situation, placate an excitable party, or out of a general sense of wrongdoing, the...
Standards For Determining Whether An Insured Used Reasonable Care To Maintain Heat
By Emily Kaminska For those facing coverage issues arising from damage caused by cold weather and frozen pipe bursts, this article will provide an analysis of common reasonable care to maintain heat provisions, highlighting principal cases addressing the issue across...
Tolling Statutes Of Limitation During The Covid-19 Pandemic
By Laura Meyer Gregory and Alexandra B. Howard, Sloane and Walsh, LLP Virtually all states issued various emergency orders to address safety concerns related to the COVID-19 pandemic throughout the first half of 2020, whether executive, legislative, or judicial in...
Massachusetts DOI Bulletin on Pyrrhotite in homes
The Massachusetts Division of Insurance recently issued a bulletin addressing the issue of crumbling foundations due to high concentrations of pyrrhotite in homes in Massachusetts in relation to home insurance underwriting practices. Pyrrhotite is found in concrete...
Matching: A Guide to the Principle & Case Law Update
A string of recent court decisions across the nation have addressed the prominent issue of matching in first-party property insurance claims. In addition to discussing those recent court rulings, this article provides an overview of the principle of matching...
Jury Trials in the Context of COVID-19
By Laura Meyer Gregory, Esq., CPCU, and Shari E. Belitz, Esq.The arrival of COVID-19 has brought so many changes for all of us and more changes are likely to come in so many ways. The insurance and legal industries have been significantly impacted and continue to be...
What’s Next with the Business Interruption Cases Pending Across the Country?
One of the most talked about insurance coverage issues relating to COVID-19 is whether there is coverage for business income loss a/k/a business interruption. Numerous lawsuits have been filed across the country, many of them class actions. No decisions have been...
Bad Faith Law: Is an Insurer in Bad Faith When It Did Not Settle a Claim Against Its Insured, Because Its Policy Required the Insured to Consent to the Settlement and He Would Not?
Laura Meyer Gregory, Attorney, CPCU of Sloane and Walsh, LLP answers this question in the Spring 2020 (55:2) Issue of Tort Trial & Insurance Practice Law Journal You can click to access the article:
Crumbling Connecticut Concrete: What Does “Collapse” Mean?
Crumbling Connecticut Concrete: What Does “Collapse” Mean?We invite you to read the below article - "Crumbling Connecticut Concrete: What Does 'Collapse' Mean?" - authored by Laura Gregory , Attorney, CPCU of Sloane and Walsh, LLP. The article was recently published...
Coronavirus and Business Income Claims
Authored by Sloane and Walsh, LLP attorneys Tony Antonellis, Brendan Labbe and Emma A. Coppola. With the coronavirus spreading throughout the nation, and public and governmental precautions mounting, many businesses in the hospitality and other industries are...
Ransomware Case’s Impact Could be Far-Reaching
Sloane and Walsh, LLP partner, Laura Gregory, has been quoted in an article posted on BusinessInsurance.com which we invite you read (link below). The complete quote: Laura Gregory, a partner with Sloane &Walsh LLP I Boston, who represents both insurers and...
Homeowners, Health, and Auto Insurance – The Crossroads of Cannabis and Coverage
Homeowners, Health, and Auto Insurance: The Crossroads of Cannabis and CoverageWe invite you to read the below article - "Homeowners, Health, and Auto Insurance - The Crossroads of Cannabis and Coverage" - authored by Laura Gregory & Devon Bodey of Sloane and...
Is It Bad Faith For An Insurer Not To Settle A Claim Against Its Insured, Because Its Policy Required The Insured To Consent To Settlement And He Would Not?
by Laura Meyer Gregory, Sloane and Walsh, LLP Massachusetts’ Highest Court will decide whether an insurer violated statutory requirements that an insurer settle claims in which liability has become reasonably clear, when the policy contains a provision requiring the...
Commerce Ins. Co. v. Szafarowicz: the New Road-Map for Insurance Coverage Litigation’s Impact on the Related Tort Case and Circumstances in which an Insured’s Settlement with the Plaintiff Is “Reasonable” Only If It Is Within The Insured’s Policy Limits.
by Laura Meyer Gregory and John P. Ryan, Sloane and Walsh, LLP On October 1, 2019, the Supreme Judicial Court issued a decision in Commerce Insurance Company v. Justina M. Szafarowicz, et al. addressing the following issues in the context of a motor vehicle insurer...
The Broad Evidence Rule: A Trend in Loss Valuation
Introduction: What is the Broad Evidence Rule? Actual cash value (“ACV”) is most commonly determined by calculating the replacement cost value, less depreciation. However, there are other methods of calculation that have been adopted by courts, such as fair...
We Didn’t Start the Fire: Historical Analysis and Recent Developments Regarding the Innocent Co-Insured Doctrine
Introduction While matters of first-party insurance litigation typically concern the right of the named insured to payment, the existence of multiple insureds on a single policy can complicate a coverage analysis, particularly when one of the insureds commits an act...
