Articles & Cases

Commerce Ins. Co. v. Szafarowicz: the New Road-Map for Insurance Coverage Litigation’s Impact on the Related Tort Case and Circumstances in which an Insured’s Settlement with the Plaintiff Is “Reasonable” Only If It Is Within The Insured’s Policy Limits.

Commerce Ins. Co. v. Szafarowicz: the New Road-Map for Insurance Coverage Litigation’s Impact on the Related Tort Case and Circumstances in which an Insured’s Settlement with the Plaintiff Is “Reasonable” Only If It Is Within The Insured’s Policy Limits.

by Laura Meyer Gregory and John P. Ryan, Sloane and Walsh, LLP On October 1, 2019, the Supreme Judicial Court issued a decision in Commerce Insurance Company v. Justina M. Szafarowicz, et al. addressing the following issues in the context of a motor vehicle insurer...

The Broad Evidence Rule: A Trend in Loss Valuation

The Broad Evidence Rule: A Trend in Loss Valuation

  Introduction: What is the Broad Evidence Rule? Actual cash value (“ACV”) is most commonly determined by calculating the replacement cost value, less depreciation.  However, there are other methods of calculation that have been adopted by courts, such as fair...