A Massachusetts state court judge has ruled that Landmark American Insurance’s duty to defend the state’s Gaming Commission in a protracted lawsuit concerning the site of the Encore Boston Harbor Casino has concluded. The ruling brings an end to litigation that has spanned nearly a decade.
The case centered on the Gaming Commission’s selection of the Everett site for the casino, which was challenged by a losing bidder. Landmark American Insurance provided liability coverage to the Commission, and the core issue before the court was the scope and duration of the insurer’s obligation to provide a legal defense in the matter. The judge’s decision clarifies the limits of the insurance company’s responsibility in the ongoing dispute.