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MassDLA Insurance Law Committee: March 20th Brown Bag Lunch

27 Feb 2017 1:05 PM | Stephanie Giancola (Administrator)

The MassDLA Insurance Coverage & Bad Faith Committee is pleased to announce a Brown Bag Luncheon: 

Topic:  Great Divide v. Lexington Insurance

When:   12:30 p.m.on Monday, March 20 

Where:  Offices of Prince Lobel

One International Place, 37th Floor

The discussion will be led by Adam Doherty of Prince Lobel and Kim Hartman of Nicolaides Thorpe (Chicago) who will be arguing Great Divide v. Lexington Insurance, SJC-12164 in the SJC on March 6.

Great Divide involves “other insurance” issues and the priority of auto insurance coverage for a fatal bicycle accident.   The SJC has been asked by Judge Stearns to answer the following question: 

“Where there is a motor vehicle accident and the primary commercial automobile liability insurance policy issued to the owner of the vehicle involved in the accident is exhausted, what is the priority of coverage between (1) a second primary commercial automobile liability insurance policy insuring the driver of the vehicle, which contains an other insurance/non-owned vehicle clause providing (a) that, with respect to motor vehicles the insured owns, this insurance is primary, (b) that, with respect to motor vehicles the insured does not own, this policy is excess and (c) that "when this coverage form and any other coverage form or policy covers on the same basis, either excess or primary, we will pay only our share" and (2) a true excess liability insurance policy insuring the owner of the vehicle that contains an other insurance clause providing that "if other valid and collectible insurance applies to damages that are also covered by this policy, this policy will apply excess of the 'other insurance'"?.”

Please contact Bill Mekrut or Michael Aylward if you'd like to attend.

  Massachusetts Defense Lawyers Association, 151 Tremont Street, Suite 110, #308, Boston, Massachusetts 02111
Executive Director:  Stephanie Giancola.                                                                                                                     
Contact:    sgiancola@massdla.org                                                                                                                              

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