Accidents Will Happen? Judge Says Insurer Must Defend Builder Accused

Accidents Will Happen? Judge Says Insurer Must Defend Builder Accused of Violating ‘Tree-Cutting Statute’ | Law.com Page Printed From:

https://www.law.com/2023/02/08/accidents-will-happen-judge-says-insurer-must-defend-builder-accused-of-violating-tree-cutting-statute/

U.S. District Court for the District of Massachusetts in Boston. Credit: Google.

NEWS

“In the court’s view, the allegations here are broad enough to reasonably sketch a claim that Partington had a mistaken but reasonable belief that it was authorized to cut the trees,” the court said. “Such a claim would be for property damage arising out of an occurrence, meaning it would be a ‘loss [that] fits the expectation of protective insurance reasonably generated by the terms of the policy,’ thus triggering Nautilus’s duty to defend.”

February 08, 2023 at 01:51 PM

5 minute read

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What You Need to Know

In an underlying state matter, Simone and Douglas Blowers allege that Partington Builders removed trees and dirt from their property without permission. The Blowers filed a claim under the Massachusetts tree-cutting statute for removing the privacy the trees created.
Partington sought coverage under its commercial general liability policy by Nautilus. Nautilus denied coverage because the complaint did not allege property damage or bodily injury arising from an occurrence; the complaint alleges that Partington intentionally damaged the property; and the policy excludes coverage for damages arising from the movement of soil.
A district judge said Nautilus has a duty to defend Partington, but concluded it does not have a duty to indemnify at this stage.

Whether a developer mistakenly believed it had the right to remove trees and dirt from a property was the deciding factor in a ruling requiring its insurer to defend it against a lawsuit brought by the property owners.

A federal judge in Massachusetts ruled that, while it was too soon to determine whether Nautilus Insurance Co. had a duty to indemnify Partington Builders in an underlying case, the insurer did have a duty to defend based on the possibility that its policyholder had accidentally removed trees and dirt from a property without permission.

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Accidents Will Happen? Judge Says Insurer Must Defend Builder Accused