To The Extent of Negligence
OWNER’S CLAIM FOR INDEMNITY TO THE EXTENT OF ENGINEER’S NEGLIGENCE BOOTED MUST SHOW NEGLIGENCE VS PROFESSIONAL WITH EXPERTS New England Building & Bridge, Co., Inc.… Read More »To The Extent of Negligence
Indemnity
Amend Commercial Leases Carefully
Liquidated Damages – if a penalty – unenforceable Mass Appeals Court denies liquidated Damages Case name = Mittas Early Learning LLC v MDC Properties FACTS… Read More »Amend Commercial Leases Carefully
Arb Awards: Confirm Them & Enter Judgment
SJC to Judges – Unchallenged Arbitration Awards “shall” be entered as Court Judgments In the recent 2024 case Boston Teachers Union Local 66 v School… Read More »Arb Awards: Confirm Them & Enter Judgment
Defective work General Liability cover – denied
Contractor’s defective work not covered as property damage by GL insurance If built wrong to start – not an incident for coverage purposes Mass weighs… Read More »Defective work General Liability cover – denied
Did PO say Vendor would Defend claims that buyer was negligent?
Gorelick v Star Markets Company Inc. Mass Appeals Court 2023 FACTS Supermarket (Shaws, a part of Star Markets) bought automatic doors from the manufacturer and… Read More »Did PO say Vendor would Defend claims that buyer was negligent?
93A Attorney’s Fees Not Covered by GL
Vermont Mutual v Poirier SJC (2022) FACTS Sewage got into a homeowner’s basement. Poirier (doing business as Servpro of Fitchburg-Leominster) cleaned it up. Poirier warned… Read More »93A Attorney’s Fees Not Covered by GL
Emotional distress ≠ bodily injury. Mass auto choice of law.
Emotional distress of spouse from witnessing spouses’ fatal injury was not “bodily injury” for purposes of collecting from Massachusetts car insurer. Mass Appeals Court case… Read More »Emotional distress ≠ bodily injury. Mass auto choice of law.
Joint Corporations Enjoy Comp Immunity
Workers who collect worker’s comp payouts lose the right to sue their employer. Any other party who could be legally liable remains open to suit.… Read More »Joint Corporations Enjoy Comp Immunity
Agreement with Duty to Defend Enforced
Contractor hired by city has to protect it on suits from cops on hair sample drug testing NO SPECIAL FORM OF NOTICE FOR DUTY TO… Read More »Agreement with Duty to Defend Enforced
Why Waive Subrogation? How it works
A recent Maryland case shows the protection contractors enjoy when their contract includes waivers of subrogation. Gables Construction v Red Coats Md Ct Appeals (2020)… Read More »Why Waive Subrogation? How it works