Homeowners doesn’t cover defense of home condition warranty. Norfolk & Dedham v Norton Ma App Ct (2021) FACTS The homeowners made statements in the seller’s disclosure while they owned the place; then they sold the house. Flooding from severe storms hit a house two years after it had been sold. The buyers sued years later… Read More »Homeowners Ins No Seller Warranty Defense
Healthy Spouses of Sick Spouses – Mass Bans Emlployers’ Discrimination
Massachusetts Supreme Judicial Court now recognizes claims for “associational discrimination” against employers who provide family health insurance and who fire healthy employees with very sick spouses when the firing is motivated by a hope to reduce health insurance premiums. The case Flagg v AliMed Inc. involved a worker whose wife had a brain tumor. The… Read More »Healthy Spouses of Sick Spouses – Mass Bans Emlployers’ Discrimination
Some Construction Owners Need Specific Results If a power plant owner needs to retrofit its plant to comply with specific restrictions on emissions, it needs to hire designers and contractors to achieve this result. This poses contracts problems with allocating risks because of the way insurance policies are written. Contract Agreement Forms Have Adapted Construction… Read More »Guarantees and Insurance
GMP Contract Lessons for Owners from MBTA GLx Experience
The MBTA's Green Line Extension project axed its contractors after an independent study by Berkley Research Group analyzed reasons for ballooning costs. Lessons on Stopping GMP Cost Overruns for Construction Owners • Have a budget and accept value engineering options to maintain it • Make the Designer design to the budget in a minimum number… Read More »GMP Contract Lessons for Owners from MBTA GLx Experience
General Rule Applies to General Liability but Not to Title Insurance
Must an insurance company defend the entire case where some claims are covered but some are clearly not covered? General liability insurers must, title insurers do not have to according to a 2013 decision by Massachusetts SJC. A flap arose when by mistake, a deed was recorded before a mortgage. The right to enforce payment… Read More »General Rule Applies to General Liability but Not to Title Insurance
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