I didn’t want the week to end without passing along this story from Massachusetts Lawyers Weekly on the First Circuit’s decision in Lawrence General Hospital v. Continental Casualty Company. In the decision, the First Circuit reaffirmed the principle that Covid shutdowns did not trigger business interruption coverage in insurance policies, as most courts have

As usual, I had a terrific experience at DRI’s annual Insurance Coverage and Practice Symposium in midtown Manhattan, which was held last week. I had gone in many ways simply for two particular presentations, one on generative AI and the other on the impact of nuclear verdicts on insurance coverage and bad faith issues, although

People often ask – well, sometimes ask – why I am still on Twitter, and the answer is it’s for the dog videos. But every now and then you come across something smart that is worth thinking about, and for me that happened today, when I read an appellate lawyer’s tweet that:

FWIW,

I spoke earlier in the week at ALM’s Complex Claims and Litigation Forum in Las Vegas, where I was on a panel on “Tackling Market Disruptors – How to Manage Industry Shifts.” I spoke on a subject near and dear to my heart, which is the impact on claims handling of the rise of the

I was pleased to read this article in Massachusetts Lawyers Weekly, as well as the recent Supreme Judicial Court decision it references. For several years, I have been arguing that in insurance coverage disputes involving sophisticated insureds, Massachusetts courts are moving away from their historic reliance on pro-insured maxims in deciding coverage disputes in favor

I attended a large legal conference (DRI’s Insurance Coverage and Practice Symposium) in person last week for the first time since the pandemic, and not only learned a lot, but had a great time (shout out in particular to the kitchen staff at Capital Grill and props to the bartender at the Whitby

Well, this is something. I think the partner who mentored me as a junior associate and I started reserving insurers’ rights to recover defense costs back from insureds if the claim at issue turned out to be uncovered thirty years ago – and someone has finally convinced a Massachusetts court to order an insured to

So this is interesting, from a couple of perspectives. The First Circuit Court of Appeals has issued a fairly comprehensive opinion addressing a number of issues in insurance coverage law in Massachusetts. The facts are a little salacious, and read more like a John Grisham plot than real life, but unfortunately, odd facts often underlie

Its entirely politically incorrect in 2015, and rightfully so, to ever equate litigation (or football, or anything else) to war, but that doesn’t change the fact that there are historical lessons to be learned from military history and wonderful allusions and metaphors to be drawn from it. See, for instance, my early article on excessive