On May 24, 2024, the Town of Braintree filed a lawsuit in Suffolk County Superior Court against fifteen insurers, as well as insurance companies Does 1 though 50, for refusing to defend and indemnify it in a massive wrongful conviction
Nina E. Kallen
I have been an attorney in Massachusetts since 1994. I practice in general litigation and focus on insurance coverage issues. I am available to assist claimants, insureds, and insurers who have a dispute over motor vehicle, homeowners, general liability, and other insurance policies. I also draft briefs and provide other litigation services to fellow attorneys on a subcontract basis. You can learn more about me, and find links to my published opinions, at my website, www.kallenlawyer.com.
Nina E. Kallen Blogs
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A video primer on the duties of an insurer to defend and indemnify
Fall River District Court allows claim against insurer’s vehicle appraiser
Source One Financial Corporation sued Commerce Insurance Company and its adjuster in a dispute arising out of the value of a totaled vehicle. Source One sought to amend the complaint by adding Commerce’s vehicle appraiser and her company as defendants,…
First Circuit holds that under clear Massachusetts precedent, an insurer cannot ordinarily seek reimbursement of settlement funds after a later finding of no duty to indemnify
I am pleased to say that reason has prevailed in the First Circuit. I am generally pretty sanguine about insurance coverage decisions (except on my own cases, of course). I might disagree with the outcomes, but . . . the vagaries…
Introducing my assistant, Nikki Payne
U.S. District Court for District of Mass. holds no coverage for law firm scammed by fraudulent cashier’s check
In some ways, this is an eye-crossingly boring decision, even for an insurance coverage geek like myself. It relies on definitions found in negotiable instruments law. Need I say more? But, coverage issues aside, the real takeaway from this post…
First Circuit holds that policyholder did not breach cooperation clause when time insurer gave it to respond had not run out when insurer disclaimed coverage
Following an arson fire in 2021 that destroyed a building owned by BAS Holding Corporation on the Brockton Fairgrounds, Philadelphia Insurance Company undertook an investigation that focused on whether the building was vacant, which would limit coverage. As part of its…
JDSupra discusses the effect on insurance claims of the tort reform measures that just became law in Florida
Although in this blog I generally stick to Massachusetts topics, this article from JDSupra on the new Florida tort reform measures should be of interest to anyone who practices in the insurance bad faith field. Here’s one of my posts from…
What ChatGPT says about exclusions in insurance policies, and why I’m not worried the app will put me out of a job any time soon
So many people are talking about ChatGPT — the artificial intelligence content creator — that awareness of it has trickled down even to us attorneys, well-known to be late adopters of all technology. I thought I’d give it a try. …