In a decision last year, the Massachusetts Supreme Judicial Court ruled that an excess professional liability insurer is not bound by the decision of a primary insurer to settle a claim.
In Allmerica Financial Corporation et al vs. Certain Underwriters at Lloyd's, London, Massachusetts' highest court ruled that an excess insurer is entitled to make its own decision with respect to whether coverage exists for a settled claim, even if the language contained in the excess policy follows the form of the primary policy.
This case echoes similar rulings from other jurisdictions.
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