HARTFORD CASUALTY INS. CO. v. NEW HAMPSHIRE INS. CO.


417 Mass. 115 (1994)

628 N.E.2d 14

THE HARTFORD CASUALTY INSURANCE COMPANY vs. THE NEW HAMPSHIRE INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

February 17, 1994.


Attorney(s) appearing for the Case

John J. McGivney (Thomas D. Burns with him) for the plaintiff.

Erik Lund (Paul A. Izzo with him) for the defendant.

Present: WILKINS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.


WILKINS, J.

The case prompts us to consider, for the first time in more than forty-five years, the nature of the duty that a primary insurer owes to its policyholder (and, therefore, to a subrogated excess insurer) with respect to the settlement of a third-party claim. A jury returned a verdict in a tort action against an insured substantially in excess of the $500,000 primary coverage provided by the defendant, The New Hampshire Insurance Company. The plaintiff,...

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