Legal Opinion

Northern Security Insurance v. R.H. Realty Trust

Massachusetts Appeals Court

Decided February 8, 2011No. 09-P-1757PublishedCited by 13 opinions

1Opinion of the CourtKantrowitz, J.

Today we assess an insurer’s obligation to pay reasonable legal fees to a private attorney hired by an insured *692who refused the insurer’s legal representation conditioned upon a reservation of rights.2

Facts. In September, 2001, the Niininen family commenced a law suit against Peter Kelly and Richard Perry, individually and as trustees of the R.H. Realty Trust (trust), and Woodhaven Realty Company. The Niininens complained that they had leased residential premises in Lexington from the trust from 1998 to 2000, during which time they were exposed to mold. The family was required to vacate the…

2Cases cited15 opinions

  1. Linthicum v. ArchambaultMassachusetts Supreme Judicial Court · 1979
  2. Commonwealth v. DomanskiMassachusetts Supreme Judicial Court · 1954
  3. Boston Symphony Orchestra, Inc. v. Commercial Union InsuranceMassachusetts Supreme Judicial Court · 1989
  4. Fabre v. WaltonMassachusetts Supreme Judicial Court · 2004
  5. Herbert A. Sullivan, Inc. v. Utica Mutual InsuranceMassachusetts Supreme Judicial Court · 2003

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

3Cited by13 opinions

  1. Peabody Essex Museum, Inc. v. United States Fire InsuranceCourt of Appeals for the First Circuit · 2015
  2. Performance Trans., Inc. v. General Star Indemnity CompanyCourt of Appeals for the First Circuit · 2020
  3. Norfolk & Dedham Mutual Fire Insurance v. Cleary Consultants, Inc.Massachusetts Appeals Court · 2011
  4. Rass Corporation v. The Travelers Companies, Inc.Massachusetts Appeals Court · 2016
  5. Silva v. Steadfast Insurance Co.Massachusetts Appeals Court · 2015

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

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