Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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. The case is Partington Builders, LLC v. Nautilus Ins. Co., 2023 U.S. Dist. LEXIS 18274 (D. Mass. 2023).

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.

This premium content is locked for
FC&S Expert Coverage Interpretation subscribers.

Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.

  • Quality content from industry experts with over 60 years insurance experience, combined
  • Customizable alerts of changes in relevant policies and trends
  • Search and navigate Q&As to find answers to your specific questions
  • Filter by article, discussion, analysis and more to find the exact information you’re looking for
  • Continually updated to bring you the latest reports, trending topics, and coverage analysis

Already have an account?
For enterprise-wide or corporate access, please contact our Sales Department at 1-800-543-0874 or email [email protected].


Get Answers Directly From the FC&S Experts

Submit your coverage interpretation question to the editors of FC&S for quick and reliable information.

Question of the Week

Insurance Coverage Q&A: Firefighting Expenses and Coverage ›

When an insured and tenants help fight the fire, is there coverage for their efforts?

Question of the Week Archive ›

Copyright © 2024 ALM Global, LLC. All Rights Reserved.