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· 11/7/1989

Boston Symphony Orchestra, Inc. v. Commercial Union Insurance

Citations

  • 545 N.E.2d 1156
  • 406 Mass. 7
  • 1989 Mass. LEXIS 429

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the duty to defend is broader because the duty to indemnify depends on whether the judgment is within the policy coverage
  • explaining that the defense obligation may rest on “those facts which are known by the insurer”
  • finding good faith reliance on a plausible, even if ultimately incorrect, interpretation of a contract does not constitute a Chapter 93A violation
  • rejecting a claim of unfair or deceptive conduct under G.L.c. 93A on the part of the insurer for refusing to defend
  • upholding summary judgment for defendant insurance company on 93A claim even in spite of its conclusion that defendant had incorrectly interpreted the policy
  • prior allegations known to insurer must be considered by insurer in determining whether to defend

Source: CourtListener parenthetical corpus (CC0).

Judges: Liacos, Nolan, Lynch, Greaney

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.