Ratner v. Canadian Universal Ins. Co. Ltd.

The plaintiffs (Weg) brought an action on a comprehensive liability insurance policy issued by the defendant 3 (Canadian) for damages, including counsel fees and expenses, resulting from Canadian’s failure to defend a tort action against Weg. In the companion case, an action of contract and tort, the defendant (Sisson) is an insurance agency, and the claim is for breach of contract and negligence in failing to forward to Canadian notice of the accident giving rise to the tort claim and in failing to advise Weg to send the notice directly to Canadian. The judge ruled as matter of law that…