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15 Massachusetts opinions name it 3 courts 1994–2025 3 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 |
|---|---|---|
Ferrari v. Totogreen2 sentences2009In rationalizing the prohibition of insurers from benefiting from Fund payments, the Appeals Court has held that the “design of the Fund [is] to indemnify injured persons, but not the insurance industry.” Dufresne’s Case, 51 Mass.App.Ct. 81 , 83 n.5 (2001) (alteration in original), quoting Ferrari v. Toto, 9 Mass.App.Ct. 483, 487 (1980), S.C., 383 Mass. 36 (1981). 2002“Covered claim” shall not include any amount due any . . . insurer Both the Supreme Judicial Court’s and the Appeals Court’s decisions in Ferrari v. Toto, 383 Mass. 36 (1981), 9 Mass.App.Ct. 483 (1980), support the position that any payment by the Fund of bodily injury benefits to Nicole would, in effect, be an “amount due” Arbella. | 3 | 4 |
Vokey v. Massachusetts Insurers Insolvency Fundgreen2 sentences2005See Vokey v. Massachusetts Insurers Insolvency Fund, 381 Mass. 386, 389-90 (1980) (§9 entitles the Fund to offset for amounts received by insured under uninsured motorist policy provision). 2004Any amount payable on a covered claim under this chapter shall be reduced by the amount of such recovery under the claimant’s insurance policy.” See Vokey v. Massachusetts Insurers Insolvency Fund, 381 Mass. 386, 389-390 (1980) (exhaustion provision of G. | 3 | 3 |
Sarnafil, Inc. v. Peerless Insurance Co.green1 sentence2023Co., 418 Mass. 295, 305 (1994) ("An insurer which reserves its rights and takes no action in defense of its insured, when it knew, or should have known, of a covered claim, . . . despite repeated claims of coverage and requests for a defense from an insured facing demands for immediate action, could be found to have committed a breach of the duty to its insured"). b. | 1 | 1 |
Pilon Casegreen1 sentence2009Pilon’s Case, 69 Mass.App.Ct. 167, 171 (2007). | 1 | 1 |
Sutherland v. Fidelity & Casualty Co.green1 sentence1995Cir. 1987) (District of Columbia law) (where policy covered an error, a breach of contract is a covered error); Bank of Cal., N.A. v. Opie, 663 F.2d 977 , 980 & n.4 (9th Cir. 1981) (Washington law) (liability based on contract rather than on tort in certain circumstances constitutes error under professional liability insurance), citing Sutherland v. Fidelity & Casualty Co., 103 Wash. 583, 586 (1918) (policy covering “malpractice, error or mistake” covers error that was not malpractice). | 1 | 1 |
Anthony D. Duke v. Joel Hoch, Home Indemnity Company, Garnishee-Appelleegreen1 sentence1995See Duke v. Hoch, 468 F.2d 973, 979-980 (5th Cir. 1972) (failure of insurer fully to advise insured of divergence of interest between it and insured with respect to verdict required the insurer to establish the allocation); A.D. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ferrari v. Toto
green
2 sentences2002“Covered claim” shall not include any amount due any . . . insurer The Fund cites particularly to Ferrari v. Toto, 383 Mass. 36 (1981), as support for its position that any payment by it of PIP benefits to Cavalieri would, in effect, be an “amount due” Commerce. 2002“Covered claim” shall not include any amount due any . . . insurer Both the Supreme Judicial Court’s and the Appeals Court’s decisions in Ferrari v. Toto, 383 Mass. 36 (1981), 9 Mass.App.Ct. 483 (1980), support the position that any payment by the Fund of bodily injury benefits to Nicole would, in effect, be an “amount due” Arbella. | 3 | 2002–2009 |
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 |
Metropolitan Property & Casualty Insurance Co. v. Morrison
green
1 sentence2025Where 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. | 1 | 2025–2025 |
Herbert A. Sullivan, Inc. v. Utica Mutual Insurance
green
1 sentence2022Id. at 395 . | 1 | 2022–2022 |
Hartford Casualty Insurance v. New Hampshire Insurance
green
1 sentence2017Id. at 120 . | 1 | 2017–2017 |
Ulwick v. Massachusetts Insurers Insolvency Fund
green
1 sentence2010Id. | 1 | 2010–2010 |
Dufresne's Case
green
1 sentence2009In rationalizing the prohibition of insurers from benefiting from Fund payments, the Appeals Court has held that the “design of the Fund [is] to indemnify injured persons, but not the insurance industry.” Dufresne’s Case, 51 Mass.App.Ct. 81 , 83 n.5 (2001) (alteration in original), quoting Ferrari v. Toto, 9 Mass.App.Ct. 483, 487 (1980), S.C., 383 Mass. 36 (1981). | 1 | 2009–2009 |
Hanover New England Insurance v. Smith
green
1 sentence2007Id. at 421 , citing Petigole v. American Employer’s Ins. | 1 | 2007–2007 |
Restighini v. Hanagan
green
1 sentence1995Consistent with the rule in the Polaroid case, id. at 764 & n.22, on the burden of proof, Hermitage, in the present cir cumstances, should have the burden of allocating the judgment in the O’Brien lawsuit between the covered claim and noncovered claim. | 1 | 1995–1995 |
Bank of California, N. A. v. W. H. Opie, California Union Insurance Company
green
1 sentence1995Cir. 1987) (District of Columbia law) (where policy covered an error, a breach of contract is a covered error); Bank of Cal., N.A. v. Opie, 663 F.2d 977 , 980 & n.4 (9th Cir. 1981) (Washington law) (liability based on contract rather than on tort in certain circumstances constitutes error under professional liability insurance), citing Sutherland v. Fidelity & Casualty Co., 103 Wash. 583, 586 (1918) (policy covering “malpractice, error or mistake” covers error that was not malpractice). | 1 | 1995–1995 |
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.
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.