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
charleswcobb
Employee allowed to sue employer for inflicting emotional distress intentionally
No impunity for bullying totally unconnected to the employer’s interest A Latina legal assistant worked at the law offices of a male solo practitioner. The… Read More »Employee allowed to sue employer for inflicting emotional distress intentionally
Business Insurance doesn’t reach these assault claims
FACTS A 23 year old ballerina student brought claims of sexual assault occurring on a work-related trip far from home, against a 43 year old… Read More »Business Insurance doesn’t reach these assault claims
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
General Contractor Blocked from Enjoying Additional Insured Defense Coverage Due to the Cross-Liability Exclusion
Recent Massachusetts Appeals Court unpublished decision adds to confusion over the already complex system for additional insured coverage. Phoenix Bay State v First Financial Insurance… Read More »General Contractor Blocked from Enjoying Additional Insured Defense Coverage Due to the Cross-Liability Exclusion
Employers Become OSHA Investigators Under Updated Virus Rules
ASK WHEN YOU LEARN OSHA standards for COVID 19, updated on May 19, 2020, uses reporting requirements to turn employers into investigators of their own… Read More »Employers Become OSHA Investigators Under Updated Virus Rules
Insurance for construction work related virus personal injury and health harms to others – covered, excluded or limited?
VIRUS RELATED WORK INJURIES An injured person may claim that a company’s failure to take to reasonable precautions to prevent the spread of the Corona… Read More »Insurance for construction work related virus personal injury and health harms to others – covered, excluded or limited?
Appeal Threat by Insurer After Verdict Found to Be Bad Faith
Massachusetts case clarifies standards for when insurers must offer reasonable settlements. Chiulli vs. Liberty Mutual Insurance Mass App Ct (2020) See my earlier post on… Read More »Appeal Threat by Insurer After Verdict Found to Be Bad Faith
Wages lost as a result of retaliation get tripled
Retaliatory firing deprived worker of commissions that ripened later but legal penalties tripled the entire sum. Massachusetts SJC Parker v EnterNOC, Inc. (2020) FACTS Parker… Read More »Wages lost as a result of retaliation get tripled