· 5/14/1991
Augat, Inc. v. Liberty Mutual Insurance
Citations
- 571 N.E.2d 357
- 410 Mass. 117
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding third party’s threat to sue insured was insufficient to trigger coverage
- insurer seeking to disclaim liability because of breach of notice, consent-to-settlement, and cooperation provisions must demonstrate that breach actually prejudiced its position
- purpose of voluntary payment clause is to give insurer opportunity to protect its interests
- where notice of claim did not occur until after underlying settlement had been executed and judgment entered, insurer not liable under policy, regardless of prejudice, because “it was too late for the insurer to act to protect its interests”
- “We may consider any ground supporting the judgment”
- “We may consider any ground supporting the judgment.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Liacos, Wilkins, Abrams, Nolan, Lynch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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