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31 Massachusetts opinions name it 3 courts 1991–2025 2 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 |
|---|---|---|
Sterilite Corp. v. Continental Casualty Co.green2 sentences2003“Whether there is such a duty is decided by: matching the complaint with the policy provisions, if the allegations of the complaint are reasonably susceptible of an interpretation that they state or adumbrate a claim covered by the policy terms, the insurer must undertake the defense ...” Millipore Corp. v. Travelers Insurance Indem., 115 F.3d 21 (1st Cir., 1997) (quoting Sterilite Corp. v. Continental Casualty Company, 17 Mass.App.Ct. 316, 318 (1983)). 2000If the allegations of the complaint are “reasonably susceptible of an interpretation that they state or adumbrate a claim covered by the policy terms, the insurer must undertake the defense.” Sterilite, 17 Mass.App.Ct. at 318. | 18 | 18 |
Continental Casualty Co. v. Gilbane Building Co.green2 sentences2001Co., 391 Mass. 143, 146 (1984) (citations omitted). ”[I]f the allegations of the complaint are ‘reasonably susceptible’ of an interpretation that they state or adumbrate a claim covered by the policy terms, the insurer must undertake the defense.” Sterlitite Corp. v. Continental Cas. 1996It is well-established in Massachusetts and generally elsewhere that “if the allegations of the complaint . . . state or adumbrate a claim covered by the policy terms, the insurer must undertake the defense.” Continental Casualty Co. v. Gilbane Building Co., 391 Mass. 143, 146 (1984). | 5 | 7 |
Liberty Mutual Insurance v. SCA Services, Inc.green2 sentences1995Id. 1994Co. v. SCA Services, Inc., 412 Mass. 330, 331-32 (1992), citing Continental Casualty Co. v. Gilbane Bldg. | 2 | 3 |
SCA Services, Inc. v. Transportation Insurancegreen2 sentences2004Co., 419 Mass. 528, 531-32 (1995). 1995Sterilite Corp. v. Continental Casualty Co., 17 Mass.App.Ct. 316, 318 (1983) (internal citations omitted); SCA Services v. Transportation Insurance Co., 419 Mass. 528, 532 (1995). | 2 | 2 |
Boston Symphony Orchestra, Inc. v. Commercial Union Insurancegreen2 sentences1998Co., 406 Mass. 7, 10 (1989). ‘If the allegations of the [third-party] complaint are “reasonably susceptible” of an interpretation that they state or adumbrate a claim covered by the policy terms, the insurer must undertake the defense.’ Liberty Mut. 1996Co., 406 Mass. 7, 10 (1989). “[I]f the allegations of the [third-party] complaint are ‘reasonably susceptible’ of an interpretation that they state or adumbrate a claim covered by the policy terms, the insurer must undertake the defense.” Liberty Mutual Ins. | 2 | 2 |
Metropolitan Property & Casualty Insurance Co. v. Morrisongreen2 sentences2025Where an insurer and its insured disagree about whether there is a duty to defend, the insurer may provide a defense under a reservation of rights, file a declaratory judgment action to resolve whether it owes a duty to defend or indemnify, move to stay the underlying action in the meantime, and withdraw from the defense “if it obtains a declaration that it owes no duty to the insured.” Metropolitan, 460 Mass. at 358–359. 2014Co. v. Morrison, supra at 358-359 (“Any uncertainty as to whether the pleadings include or are reasonably susceptible to an interpretation that they include a claim covered by the policy terms is resolved in favor of the insured, and the insurer must undertake the defense until it obtains a declaratory judgment of no coverage”); Sterilite Corp. v. Continental Cas. | 1 | 2 |
Simplex Technologies, Inc. v. Liberty Mutual Insurancegreen1 sentence2013Co., 429 Mass. 196, 197 (1999). “[I]f the allegations of the complaint are ‘reasonably susceptible’ of an interpretation that they state or adumbrate a claim covered by the policy terms, the insurer must undertake the defense” (emphasis added). | 1 | 1 |
Doe v. Liberty Mutual Insurancegreen1 sentence2011Co., 423 Mass. 366, 368 (1996). “[I]f the allegations of the complaint are ‘reasonably susceptible’ of an interpretation that they state or adumbrate a claim covered by the policy terms, the insurer must undertake the defense.” Sterilite Corp. v. Continental Cas. | 1 | 1 |
Ruggerio Ambulance Service, Inc. v. National Grange Mutual Insurancegreen1 sentence2007The question of the initial duty of a liability insurer to defend third-party actions against the insured is decided by matching the third-party complaint with the policy provisions: if the allegations in the complaint “are ‘reasonably susceptible’ of an interpretation that they state or adumbrate a claim covered by the policy terms,” the insurer must undertake the defense." Ruggerio Ambulance Serv., 430 Mass. at 796 (citations omitted). | 1 | 1 |
Hazen Paper Co. v. United States Fidelity & Guaranty Co.green1 sentence1994Co., 407 Mass. 689, 697-701 (1990). 12 “ ‘[T]he question of the initial duty of a liability insurer to defend third-party actions against the insured is decided by matching the third-party complaint with the policy provisions: if the allegations of the complaint are “reasonably susceptible” of an interpretation that they state or adumbrate a claim covered by the policy terms, the insurer must undertake the defense.’ ” Continental Cas. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Deutsche Bank National Ass'n v. First American Title Insurance
green
2 sentences2025Any uncertainty about whether the underlying complaint includes a covered claim, and thus triggers the insurer’s duty to defend, must be “resolved in favor -7- of the insured, and the insurer must undertake the defense until it obtains a declaratory judgment of no coverage.” Deutsche Bank, 465 Mass. at 745 . 2022Any uncertainty about whether the underlying complaint includes a covered claim, and thus triggers the insurer’s duty to defend, must be “resolved in favor of the insured, and the insurer must undertake the defense until it obtains a declaratory judgment of no coverage.” Deutsche Bank, 465 Mass. at 745 . | 2 | 2022–2025 |
Sterilite Corp. v. Continental Casualty Co.
green
1 sentence2010Co., 17 Mass. App. Ct. 316, 318 (1983), S.C., 20 Mass. App. Ct. 215 (1985). | 1 | 2010–2010 |
Millipore Corp. v. Travelers Indemnity Co.
green
1 sentence2003“Whether there is such a duty is decided by: matching the complaint with the policy provisions, if the allegations of the complaint are reasonably susceptible of an interpretation that they state or adumbrate a claim covered by the policy terms, the insurer must undertake the defense ...” Millipore Corp. v. Travelers Insurance Indem., 115 F.3d 21 (1st Cir., 1997) (quoting Sterilite Corp. v. Continental Casualty Company, 17 Mass.App.Ct. 316, 318 (1983)). | 1 | 2003–2003 |
Timpson v. Transamerica Insurance
green
1 sentence1999Co., 41 Mass.App.Ct. 344, 346-47 , cert. denied, 423 Mass. 1114 (1996). | 1 | 1999–1999 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.