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... in the case PAJ, Inc. v. Hanover Ins. Co. This was a Texas Supreme Court decision. The issue for the court to decide was whether a policy holder who failed to timely notify its insurance company of a claim defeats coverage under the policy if ... in being notified of the claim. In PAJ, the policy contained a prompt-notice provision that required PAJ to notify Hanover of an occurrence or an offense that may result in a claim "as soon as practicable". The claim was a type that PAJ did not believe was ...

... failed because her three-year-old home was filled with defective drywall made in China. But before the Hanover Insurance Group even denied the claim, as most insurers have been doing with claims for Chinese drywall damage, it canceled her policy, ... given to this issue as the state law will be brought into question and various rights groups will assail the insurance companies for dropping coverage. The outcome, though, remains to be seen. Any developments on the issue will be posted on this blog.

Q: Must an insurer show prejudice to deny payment on a claims-made policy, when the denial is based upon the insured's breach of the policy's prompt-notice provision, but the notice is nevertheless given within the policy's ... claim, prejudice criterion, insurance policy construction) FINANCIAL INDUSTRIES CORPORATION v. XL SPECIALTY INSURANCE COMPANY The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit. Chief Justice Jefferson delivered the opinion ...

... Co. v Rapid-American Corp., 80 NY2d 640, 652; see Incorporated Vil. of Cedarhurst v Hanover Ins. Co., 89 NY2d 293, 298). Any ambiguity in the exclusion is to be construed against the insurer (see Allstate Ins. Co. v Noorhassan, 158 AD2d 638, 639). "The test for ambiguity is ... Ins. Co., 51 AD3d 883, 884 [internal quotation marks and citations omitted]). "The insurance company bears the burden of establishing that the exclusions apply in a particular case and they are subject to no ...

... insurer in a breach of contract action brought by glass repair companies who had been assigned the rights of the defendant's insureds. Auto Glass Express, Inc. v. Hanover Ins. Co., SC 18118 (Conn., August 25, 2009). ... (2) the policy language regarding what constituted an "amount necessary" to perform glass repair was ambiguous. The defendant's automobile insurance policies provided coverage for reimbursement of the "amount necessary to repair or replace [broken] glass with other [glass] of like ...

The United States Circuit Court of Appeals for the Second Circuit in Briggs Ave. L.L.C. v. Ins. Corp. of Hanover recently certified the following question to the New York Court of Appeals: When an injured party begins its suit against an insured by serving process on the Secretary of State, who, under New York corporate and limited liability company law, is the insured's agent for such service, does this service suffice to trigger the provisions in the relevant insurance policy that ...

... , Spine Care East, LLC, filed suit in a federal district court in Louisiana on August 24, against its insurer, Hanover Insurance Company. In the Complaint (click here to review the Complaint), Spine Care alleges that Hanover acted in bad faith by failing to properly compensate Spine Care for its business interruption losses sustained in the wake of Hurricane Katrina. The Hanover commercial policy provided coverage for Spine Care's losses due to business interruption. Spine Care alleges that ...

... ." Recent discussions in this area reminded me that I never mentioned the Massachusetts Supreme Judicial Court's 2007 decision in Hanover Insurance Company v. Rapo & Jepsen Insurance Services, Inc., where the SJC, for the first time, gave broad approval to cooperation between attorneys whose clients share a common interest. The court held (or sugggested) that the "common interest doctrine," which ...

... doesn't have to be that way. And we can change it together. One can hope. Hanover, New Hampshire August 23, 2007 This election is unlike any we have faced ... more than 20 years, we've gotten nowhere, because lobbyists for the big insurance companies, drug companies and HMOs spent millions to block real reform. Instead, they' ... House do? They handed the keys to the corridors of government over to the lobbyists for the big oil companies and let them literally write the energy bill. Now, gas prices are ...

... get it right, both analytically and in the result. This was true in the landmark decision of the Texas Supreme Court in PAJ, Inc. v. Hanover Insurance Co. (Texas Jan. 11, 2008). In this case, the Texas court holds that "an insured's failure to timely ... is the court's adoption of the right analytical approach, specifically, considering the notice provision as covenant whose breach discharges the insurance company's performance only where that breach constitutes a material breach of the contract.