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RAWAN v. CONTINENTAL CASUALTY COMPANY

SJC-12691.

483 Mass. 654 (2019)

DOUGLAS M. RAWAN & another v. CONTINENTAL CASUALTY COMPANY.

Supreme Judicial Court of Massachusetts, Worcester.

December 16, 2019.

Attorney(s) appearing for the Case

Daniel J. Lyne ( Andrea L. MacIver also present) for the plaintiffs.

Regina E. Roman ( Jessica H. Park & John G. O'Neill also present) for the defendant.

The following submitted briefs for amici curiae:

David J. Hatem , Patricia B. Gary , Paul T. Muniz , Jon C. Cowen , & Katherine L. Connolly , for American Council of Engineering Companies of Massachusetts & another.

John J. Barter for Professional Liability Foundation, Ltd.

Allen N. David , Maureen Mulligan , & Steven E. DiCairano for Boston Bar Association.

Steven L. Schreckinger & Harvey Nosowitz for American Property and Casualty Insurance Association & others.

Kristen M. Whittle , Alexandra L. Rotondo , & Derek M. Gillis for Massachusetts Defense Lawyers Association.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.

The defendant, Continental Casualty Company (Continental), issued a professional liability policy to its insured, Kanayo Lala, an engineer, that contained a consent-to-settle clause. After the plaintiff homeowners, Douglas M. Rawan and Kristen A. Rawan, sued Lala for engineering design errors, he refused to consent to settle as recommended...

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