Month: March 2023

Massachusetts High Court: Abuse Exclusion Requires Imbalance or Misuse of Power Attendant to Physically Harmful Conduct

In a March 16, 2023 decision, the Supreme Judicial Court of Massachusetts concluded that an abuse exclusion in a homeowners’ policy was inapplicable to an unprovoked attack by an insured . The Massachusetts Supreme Judicial Court again considered whether, under the terms of a homeowners’ insurance policy, conduct by an insured constituted “physical abuse” within the terms ... Read More

Louisiana Federal Court Holds No Coverage for Oil Spill Based on Insured’s Late Notice and Applicability of the Policy’s Pollution Exclusion

In Jaxon Energy, LLC v. Admiral Insurance Company, No. CV 22-940, 2023 WL 2499135 (E.D. La. Mar. 14, 2023), the United District Court for the Eastern District of Louisiana, applying New York law, granted summary judgment to Admiral Insurance Company (“Admiral”) upon finding that the insured, Jaxon Energy LLC (“Jaxon”), failed to provide notice within the timeframe required by its ... Read More


Condo Association Took Proper Disciplinary Action

On February 16, 2023, the D.C. Court of Appeals upheld a decision that a condominium association’s failure to precisely comply with certain provisions of its bylaws may not deprive a member of due process rights. In Rayner v. Yale Steam Laundry Condo. Ass’n, No. 21-VA-122 & 22-CV-58 (D.C. Cir. Feb. 16, 2023), the Association issued a written notice for a hearing ... Read More