116 Commonwealth Condominium Trust v. Aetna Casualty & Surety Co.

This case has its genesis in a “directors and officers liability” indorsement to a general liability insurance policy (D&O policy). The plaintiff, 116 Commonwealth Condominium Trust (trust), filed a complaint against its insurer, Aetna Casualty and Surety Company (Aetna), alleging that Aetna breached its obligations under the trust’s insurance policy by failing to reimburse the trust for legal fees and costs incurred in defending a Land Court action that had been brought against the trust’s board of trustees. The trust also claimed that Aetna’s conduct in denying coverage violated G. L. c.…