Massachusetts Appeals Court Rules That Insured Is Entitled to Recover Costs In Bringing Coverage Suit Against Insurer

In John Moriarty & Assocs., Inc. v. Zurich Am. Ins. Co., No. 22-P-275, 2023 WL 2719362 (Mass. App. Ct. Mar. 31, 2023), the Massachusetts Appeals Court for Middlesex County vacated a lower court’s dismissal of Zurich American Insurance Co (“Zurich”) from a declaratory judgment action brought by John Moriarty & Associates, Inc. (“JMA”), a general contractor, and an additional insured on a commercial general liability insurance policy issued by Zurich. The court determined that JMA had adequately pled its breach of contract claim against Zurich and was entitled to recover its costs of bringing the coverage suit. Learn more about this case here.