Insurance Coverage Litigation in Boston, MA

REPRESENTATIVE CASES

• Coverage dispute under businessowners policy involving collapse of a metal storage building caused by landslide. Policyholder claimed $2 million in damages. The value as to the damage to the building and business income loss claim was submitted to reference, with an award of $450,000.
• Coverage dispute under businessowners policy for damage to business personal property located at a location that is not listed on the declarations page.
• Declaratory judgment action for determination of coverage of a $10 million loss where policy was scheduled to be cancelled ”as soon as possible,” but did not cancel until after the loss and policyholder obtained another replacement policy. Court held both policies covered the loss.
• Coverage under a “Comprehensive Jewelers Block Policy” for jewelry stolen from a vehicle. While the policyholder was in a convenient store, his vehicle containing his jewelry stock was robbed. The court granted insurer motion for summary judgment and denied policyholder’s motion because it was apparent that the policyholder was neither “in” nor “on” the vehicle and thus under the policy definitions, the vehicle was not attended.
• Coverage dispute involving homeowner’s mold damage claim where some mold existed before pipe burst, while other mold resulted from water damage.
• Coverage dispute involving a $10,000.00 sub-limitation of coverage for lost key coverage where the master key to 15 commercial buildings was stolen. Policyholder submitted a claim for $85,000.00. Case was submitted to reference where panel awarded the sublimit of $10,000.00.
• Coverage dispute under a builder’s risk brought by contractor for a $2 million water damage loss. The Court allowed the insurer’s motion for summary judgment, holding that the policy terminated by the terms of the termination clause in the policy.
• Coverage dispute under builder’s risk policy of a $32 million insurance claim involving the Boston Big Dig Project (a public highway and tunnel construction project). Panel of arbitrators determined notice of claim was untimely and therefore rendered a zero award.
• Coverage dispute under master condominium association policy for $450,000 loss to unit owner’s unit. Court held that there is no coverage for unit owner as she is not named insured. Coverage dispute on 25 Boston Big Dig claims under builder’s risk policies with exposures of $50 million involving tunnel collapse, flooding of work sites, slurry wall/retaining wall collapse, freeze pipe foundation breakage, and underground steam line meltdown.
• Coverage dispute over $800,000 fire loss by landlord who applied for general liability and loss of business income coverages, but not for property coverage. The Court held that the property loss was not covered under the policy.
• Defended class action over $25 million wrongful retention of premium under insurance policy.
• Coverage dispute involving a claim of $600,000 for water remediation caused by sprinkler head malfunction. Case submitted to reference where reference panel awarded only $250,000 to policyholder.
• Coverage for sewer back up loss which had a sublimit of $10,000, but policy form setting forth the sublimit was not provided to the policyholder through a scrivener’s error. Case was tried to a jury for reformation of the insurance contract to include the form.

Please contact our insurance coverage lawyers to zealously represent you in your Massachusetts coverage disputes. Call us at (617) 777-4748 or email us at marie@cheungtruslowlaw.com.