Morrison Mahoney Partner Michael Aylward was quoted in this week’s issue of Massachusetts Lawyers Weekly.
In Performance Trans., Inc., et al. v. General Star Indemnity Company, the First U.S. Circuit Court of Appeals ruled that an excess carrier breached its policy by denying coverage for cleanup costs associated with a gasoline spill when one of the policyholder’s trucks overturned.
Michael observed that the court’s finding that ambiguity could be derived based upon an exception to an exclusion ignored (and had not even cited) well-established First Circuit and SJC authority and might open the door to result-oriented policy analysis in future cases.
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