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Appeals court hears dispute over "regular use" insurance exclusion in Bellerado v. Pilgrim
Summary
The court considered whether an insurer properly raised a "regular use" exclusion late in litigation and whether plaintiff received adequate notice so she could pursue discovery; insurer argued its denial of coverage was timely and discovery could have revealed typical use of the vehicle.
The appeals panel heard Kathleen Bellerado v. Pilgrim Insurance Company and Another (docket 24P575), a dispute over whether an insurer may rely on a “regular use” policy exclusion raised late in summary-judgment briefing and whether the insured received adequate notice to pursue discovery on that defense.
Appellant counsel Steven LaFortune said his client was surprised to learn — first in summary-judgment filings and only later in supplemental briefing at the trial judge’s invitation — that Liberty Mutual (and related carrier Pilgrim) planned to assert a “regular use” exclusion tied to whether the…
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