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RAWAN v. CONTINENTAL CASUALTY COMPANY

SJC-12691.

483 Mass. 654 (2019)

DOUGLAS M. RAWAN & another v. CONTINENTAL CASUALTY COMPANY.

Supreme Judicial Court of Massachusetts, Worcester.

December 16, 2019.

Attorney(s) appearing for the Case

Daniel J. Lyne (Andrea L. MacIver also present) for the plaintiffs.

Regina E. Roman (Jessica H. Park & John G. O'Neill also present) for the defendant.

The following submitted briefs for amici curiae:

David J. Hatem, Patricia B. Gary, Paul T. Muniz, Jon C. Cowen, & Katherine L. Connolly, for American Council of Engineering Companies of Massachusetts & another.

John J. Barter for Professional Liability Foundation, Ltd.

Allen N. David, Maureen Mulligan, & Steven E. DiCairano for Boston Bar Association.

Steven L. Schreckinger & Harvey Nosowitz for American Property and Casualty Insurance Association & others.

Kristen M. Whittle, Alexandra L. Rotondo, & Derek M. Gillis for Massachusetts Defense Lawyers Association.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.

The defendant, Continental Casualty Company (Continental), issued a professional liability policy to its insured, Kanayo Lala, an engineer, that contained a consent-to-settle clause. After the plaintiff homeowners, Douglas M. Rawan and Kristen A. Rawan, sued Lala for engineering design errors, he refused to consent to settle as recommended...

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