Innocent Co-Insured: Wenda Aquino v. United Property & Casualty Insurance Co
INNOCENT CO-INSURED DOCTRINE: Must an insurer compensate an innocent co-insured in full even if another co-insured caused the loss via an intentional act?
On Friday morning, October 4, the highest court in Massachusetts will hear arguments regarding the innocent co-insured.
Attached please find the Massachusetts Academy of Trial Attorneys amicus brief with attachments that contains a table of authorities, case law, statutes, regulations, unpublished cases, Couch, and Windt. The issues presented: “Where one co-insured caused a loss via an intentional act, is a second, innocent co-insured entitled to recover on the policy, notwithstanding contrary policy language inconsistent with controlling law? May a trial court halve the recovery of an innocent co-insured, based upon the intentional act of a wrongful co-insured? Where an insurer is aware that policy language is contrary to Massachusetts law, does that insurer violate G.L. c. 93A and G.L. c. 176D by either (a) issuing a policy containing that language, or (b) denying coverage on the basis of the policy language and thereby forcing the insured to litigate the coverage issue?”