Legal Opinion

Clarendon National Insurance v. Amica Mutual Insurance

Massachusetts Supreme Judicial Court

Decided March 19, 2004Published

1Opinion of the CourtSpina, J.

Clarendon National Insurance Company (Clarendon) commenced an action seeking a declaration that the coverage afforded under the automobile liability insurance policies it issued to nine rental car companies was excess over any other valid and collectible insurance available to rental customers under their personal motor vehicle insurance policies. Clarendon based its claim on two policy endorsements that it had failed to file with the Commissioner of Insurance (commissioner), and on provisions of the rental agreements signed by its customers. The defendants included sixteen insurance…

2Cases cited3 opinions

  1. Hewins v. London Assurance Corp.Massachusetts Supreme Judicial Court · 1903
  2. Liberty Mutual Insurance v. Commissioner of InsuranceMassachusetts Supreme Judicial Court · 1985
  3. Massachusetts Ass'n of Insurance Agents v. Commissioner of InsuranceMassachusetts Supreme Judicial Court · 1997

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