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Olshan Secures Insurance Defense for Client via Injunction

February 28, 2022

As reported in Massachusetts Lawyers Weekly (subscription required), Olshan client Harvard Biosciences, a state-of-the-art developer and manufacturer of life sciences equipment, successfully sought an injunction requiring its insurer to defend it in a lawsuit alleging liability arising out of the implantation of a synthetic tracheal device at the world-renowned Karolinska Institute in Sweden.  The decision sets important precedent in Massachusetts by requiring an insurer to meet its full duty to defend under a liability policy and affirming that the Massachusetts courts will enter injunctive remedies against an insurer that fails to meet that defense obligation.  Just like in Massachusetts, New York law staunchly supports a broad duty to defend by an insurance company, and New York policyholders should pursue all available relief to obtain the promised defense they have paid for through insurance premiums. Jeremy M. King and Theodore Hawkins represent Harvard Biosciences.  Christian Villatoro provided assistance in drafting the papers and researching legal theories. 

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