James Nolan brought a tort action against Rochester. When Rochester's insurer, Dryden, refused to defend or indemnify it Rochester brought a coverage action against Dryden. Dryden moved to dismiss on the grounds that Massachusetts courts may not exercise personal jurisdiction over it. In Nolan v. Barr & Barr, Inc., 2010 WL 2762682, Superior Court judge Kenton-Walker disagreed.
Dryden has a principal place of business in New York and is licensed to issue insurance policies in New York. P & J is a carpet-installation business located in New York. Dryden issued a general liability policy to P & J. The policy did not limit coverage to New York.
P & J teamed with Rochester, another New York carpet-installation company, to install carpeting at the Williams College Theater in Massachusetts. P & J added Rochester to the Dryden policy as an additional insured.
Judge Kenton-Walker held that Massachusetts courts may exercise personal jurisdiction over Dryden. Although on its insurance application P & J had represented that none of its business took place outside of New York, the policy did not exclude coverage for claims outside of New York. Judge Kenton-Walker held that it was reasonably foreseeable that the insureds would be sued in Massachusetts, and Dryden should have known that it would be required to defend them in Massachusetts.
Dryden has a principal place of business in New York and is licensed to issue insurance policies in New York. P & J is a carpet-installation business located in New York. Dryden issued a general liability policy to P & J. The policy did not limit coverage to New York.
P & J teamed with Rochester, another New York carpet-installation company, to install carpeting at the Williams College Theater in Massachusetts. P & J added Rochester to the Dryden policy as an additional insured.
Judge Kenton-Walker held that Massachusetts courts may exercise personal jurisdiction over Dryden. Although on its insurance application P & J had represented that none of its business took place outside of New York, the policy did not exclude coverage for claims outside of New York. Judge Kenton-Walker held that it was reasonably foreseeable that the insureds would be sued in Massachusetts, and Dryden should have known that it would be required to defend them in Massachusetts.
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