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ALLMERICA FINANCIAL CORPORATION v. CERTAIN UNDERWRITERS AT LLOYD'S, LONDON

449 Mass. 621 (2007)

ALLMERICA FINANCIAL CORPORATION & others v. CERTAIN UNDERWRITERS AT LLOYD'S, LONDON.

Supreme Judicial Court of Massachusetts, Worcester.

August 6, 2007.

Attorney(s) appearing for the Case

Stephen R. Mysliwiec, of the District of Columbia (Robert B. Gibbons with him) for the plaintiffs.

Fred A. Smith, III, of Illinois (David M. Goldhaber, of Illinois, George A. Berman, & Susan E. Cohen with him) for the defendants.

The following submitted briefs for amici curiae:

Richard J. Riley & William P. Mekrut for Complex Insurance Claims Litigation Association.

Martin C. Pentz & Karen L. Crocker for Keyspan New England, LLC.

Joseph P. Dougher & Steven D. Urgo, of Pennsylvania, for United Policyholders, Inc.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & CORDY, JJ.

CORDY, J.

After the plaintiff Allmerica Financial Corporation, along with its affiliated companies (together, Allmerica), settled a class action lawsuit alleging, inter alia, improper practices in the sale of its life insurance policies, it sought indemnification from its insurers. Allmerica's primary insurer had participated in the settlement negotiations and agreed to pay its policy's limit into the settlement fund. Allmerica also held an excess insurance policy...

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