Appellate Cases

• Massachusetts Insurers Insolvency Fund v. Berkshire Bank, 475 Mass. 839 (2016) (reversing trial court’s summary judgment ruling and holding that the Massachusetts guaranty fund is entitled to recover workers’ compensation benefits paid to claimant on behalf of high net worth insured).

• Connecticut Insurance Guaranty Association v. Drown, 314 Conn. 161 (2014) (holding an insurer’s breach of its duty to defend a medical malpractice suit before becoming insolvent does not bar the Connecticut guaranty association from contesting its obligation to pay a claim made under the insolvent insurer’s policy and that the underlying claim was barred by the policy’s vicarious liability exclusion).

• Suffolk Construction Co., Inc. v. Illinois Union Ins. Co., 80 Mass. App. Ct (2011) (Reversing trial court’s summary judgment ruling and holding that additional insured endorsement to sub-subcontractor’s commercial general liability insurance policy, providing coverage for additional parties “as required by contract, provided the contract is executed prior to loss,” required that the contracting parties have a signed, written contract in order for contractor and subcontractor to be covered as additional insureds under policy).

Other Cases

• Insituform Technologies, Inc. v. American Home Assurance Co., 566 F.3d 274 (2009) (Reversing district court’s judgment ruling excess insurer liable for cost of repairing and replacing insured’s work and holding that “following form” endorsement did not create new liability for excess insurer inconsistent with other basic provisions in the excess policy, including the “your product” and “your work” exclusions, which still operated to bar coverage for construction defect claim).