· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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