Court Tags Insurer with Entire Judgment Despite Lack of Notice of Suit
An insurer with enough notice of a claim had to pay the full damage even though the policy holder never turned over suit papers - because the insurer didn't really suffer prejudice the top Massachusetts court ruled in a recent case. FACTS C&N ran a car repair shop and carried General Liability insurance with $50k… Read More »Court Tags Insurer with Entire Judgment Despite Lack of Notice of Suit
Court Flattens Hollister Porch by Upholding Arch Access Board Ruling
J.M. HOLLISTER LLC v ARCHITECTURAL ACCESS BOARD 83 Ma App Ct 513 (2013) FACTS Hollister sold clothes from a store in a mall. The retailer replaced the accessible mall level entrance with two adjacent doorways and it constructed a ‘porch’ two steps up and back down leading into the store. On either side of the… Read More »Court Flattens Hollister Porch by Upholding Arch Access Board Ruling
Court Delivers Domino’s From Lawsuit – Franchisor Not Liable to Attacked Deliveryman
National franchise chains work with local owners under agreements that impose brand requirements. Massachusetts Appeals Court decided in Lind v Domino’s Pizza LLC the Domino’s Pizza franchisor had no possible liability in a case brought for a delivery driver who was murdered delivering pies in the middle of the night. There is a general… Read More »Court Delivers Domino’s From Lawsuit – Franchisor Not Liable to Attacked Deliveryman
Court Bounces Insurance Claim for Cost of Fixing Gym Floor
The Windsor School (Owner) hired the contractor (LKC) to build a new gymnasium. LKC hired a subcontractor to lay the floor. Within months of completion, the architect notified the contractor of flooring deficiencies. Lee Kennedy Co. v. Arch Insurance Company, Dist. Court, D. Massachusetts 2019 When the contractor held the sub’s retainage, the sub sued.… Read More »Court Bounces Insurance Claim for Cost of Fixing Gym Floor
Corporate Agent Wrongdoing – How Far Up the Chain Does Responsibility for Intentional Acts Climb?
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 by wrongdoers is blocked. Merrimack College v KPMG Massachusetts SJC (2018) FACTS A bookkeeper in the accounting office of a college made fraudulent entries putting debt onto students improperly. An… Read More »Corporate Agent Wrongdoing – How Far Up the Chain Does Responsibility for Intentional Acts Climb?
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