The insurance requirements worked in this 2018 North Carolina case, in forcing the lower tier sub’s primary general liability and umbrella insurers to pay for… Read More »Contractual risk transfer – this time it worked.
Only the wrongful actions of agents at senior levels of corporations will be imputed to the corporation for purposes of the rule that any recovery… Read More »Corporate Agent Wrongdoing – How Far Up the Chain Does Responsibility for Intentional Acts Climb?
You have paid premiums, now you have a claim because your property got damaged. How does that work? Give Notice Early – Contact the insurer… Read More »Ten Tips for Massachusetts Property Insurance Claims
CWC Builders, Inc. v United Specialty Insurance Company US District Court D Mass 2015 FACTS Construction manager CWC, on a residential construction project, required its… Read More »Additional Insured contractor blocked from GL Coverage by Sub’s Residential Exclusion
G4S TECHNOLOGY LLC v MASS TECHNOLOGY PARK CORP. Mass SJC 2018 FACTS Government owner hired design builder for $45M project (internet backbone for 400,000 Western… Read More »Strict Compliance for Construction Contract Recovery, Softer Standards for Equity
Sophisticated insureds can’t understand additional insured either Scottsdale Insurance v United Rentals US Dist Ct. Massachusetts (2018) FACTS Gomes had Scottsdale Insurance and when… Read More »Additional Insured’s Policy Made to Pay First As Primary – With The Named Insured As Excess
Debt collection cases take up most of the civil case time in District Courts and Small Claims courts in Massachusetts. In a 2018 case, consumers… Read More »Debt Collector License Rules Don’t Reach Passive Debt Buyers Who Use Licensed Agents To Sue Consumers
Condo developers in Cambridge tried to cut back the big risk of lawsuits coming back against them from the Condominium Unit Owner’s Association by putting… Read More »Condo developer not shielded from suit by hurdles written into bylaws
Massachusetts’ top court had to decide – whose rules rule private helicopter landing sites. In Roma III v Board of Appeals of Rockport SJC 12278… Read More »Court mulls whose rules govern private helicopter landing sites
If you get sued, send notice to your insurance company seeking a defense and indemnity. If in response, you get a “reservation of rights letter” back… Read More »With Reservation of Rights, Policyholders Pick Their Own Lawyers