Legal Opinion

Hartford Casualty Insurance v. New Hampshire Insurance

Massachusetts Supreme Judicial Court

Decided February 17, 1994PublishedCited by 71 opinions

1Opinion of the CourtWilkins, J.

The case prompts us to consider, for the first time in more than forty-five years, the nature of the duty that a primary insurer owes to its policyholder (and, therefore, to a subrogated excess insurer) with respect to the settlement of a third-party claim. A jury returned a verdict in a tort action against an insured substantially in excess of the $500,000 primary coverage provided by the defendant, The New Hampshire Insurance Company. The plaintiff, The Hartford Casualty Insurance Company, which provided excess coverage on the claim, paid $1,500,000 to satisfy its insured’s and its…

2Cases cited18 opinions

  1. Rova Farms Resort, Inc. v. Investors Insurance Co. of AmericaSupreme Court of New Jersey · 1974
  2. Boston Symphony Orchestra, Inc. v. Commercial Union InsuranceMassachusetts Supreme Judicial Court · 1989
  3. Farmers Group, Inc. v. TrimbleSupreme Court of Colorado · 1984
  4. DiMarzo v. American Mutual InsuranceMassachusetts Supreme Judicial Court · 1983
  5. Solimene v. B. GRAUEL & CO., KGMassachusetts Supreme Judicial Court · 1987

13 more not listed; retrieve them via the Exa API.

3Cited by71 opinions

  1. Herbert A. Sullivan, Inc. v. Utica Mutual InsuranceMassachusetts Supreme Judicial Court · 2003
  2. Massachusetts Eye & Ear Infirmary v. QLT Phototherapeutics, Inc.Court of Appeals for the First Circuit · 2009
  3. Twin City Fire Insurance Company v. Country Mutual Insurance CompanyCourt of Appeals for the Seventh Circuit · 1994
  4. Morrison v. Toys "R" Us, Inc.Massachusetts Supreme Judicial Court · 2004
  5. Allmerica Financial Corp. v. Certain Underwriters at Lloyd'sMassachusetts Supreme Judicial Court · 2007

66 more not listed; retrieve them via the Exa API.

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