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Defense Not Precluded by Tree-Cutting Violation

Can an intentional act be considered an accident in certain circumstances?

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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.

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