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5 Massachusetts opinions name it 3 courts 2006–2023 1 in the last five years
The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Applied Industrial Materials Corp. v. Mallinckrodt, Inc.green1 sentence2009Ervin does not appear to have been followed anywhere outside Illinois (where it seems to have been limited, see, e.g., Applied Industrial Materials Corp. v. Mallinckrodt, Inc., 102 F. Supp. 2d 934, 942-944 [N.D. | 1 | 1 |
Rubenstein v. Royal Insurance Co. of Americagreen1 sentence2006Finding “no sound reason to differentiate between homeowner’s insurance and other kinds of liability insurance in applying the rule in Gamache,” we concluded that an insured “is entitled to attorney’s fees, regardless of which party instituted the declaratory judgment action, whenever the insured establishes that the insurer violated its duty to defend.” Rubenstein, supra at 357, 358 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lexington Insurance Company v. Hotai Insurance Company, Ltd.
green
1 sentence2023Id. | 1 | 2023–2023 |
cluster 776796
green
1 sentence2016Co., 282 F.3d 582 (8th Cir. 2002) (the Simmental case) also involved a dispute over a duty to defend a claim in which the plaintiff asserted that the underlying claim against it constituted the “unauthorized taking of advertising ideas.” In the underlying action, American Simmental Association (ASA) was sued by a group of breeders of purebred Simmental cattle for designating and advertising certain bulls as “fullblood” Simmentals, when they had been crossbred with other cattle and therefore were not purebred. | 1 | 2016–2016 |
Siebe, Inc. v. Louis M. Gerson Co.
green
1 sentence2015Gerson Co., 74 Mass. App. Ct. at 558 , reasoned that the insurers’ delay in failing to provide an affirmative response to NEC’s demand for coverage, combined with the fact that NEC began to incur response costs at those sites, constituted a breach of contract sufficient to trigger the statute of limitations for NEC’s indemnification claims. | 1 | 2015–2015 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.