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eBook details

Title: Hartford Casualty Insurance Company v. New
Author : Supreme Judicial Court of Massachusetts
Release Date : January 17, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 69 KB

Description

Practice, Civil, Instructions to jury, Judgment notwithstanding verdict, New trial. Insurance, Insurer's obligation to defend,
Settlement of claim. Negligence, Insurance company. Consumer Protection Act, Availability of remedy, Unfair act or practice,
Insurance. WILKINS, J. The case prompts us to consider, for the first time in more than forty-five years, the nature of the duty that
a primary insurer owes to its policyholder (and, therefore, to a subrogated excess insurer) with respect to the settlement
of a third-party claim. A jury returned a verdict in a tort action against an insured substantially in excess of the $500,000
primary coverage provided by the defendant, The New Hampshire Insurance Company. The plaintiff, The Hartford Casualty Insurance
Company, which provided excess coverage on the claim, paid $1,500,000 to satisfy its insured's and its obligation in excess
of the primary coverage.

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