Workers Keep Pain and Suffering 3rd Party Payout Workers Comp Gets None
When someone gets hurt at work, the employer’s workers compensation automatically pays medical costs and a large fraction of lost wages – no matter whose fault caused the work injury. Due to a 100 year old legislative trade-off, this automatic but limited recovery, cloaks the employer with immunity from lawsuits from their employees. Comp collecting… Read More »Workers Keep Pain and Suffering 3rd Party Payout Workers Comp Gets None
Massachusetts rejects all efforts to bring employer into lawsuit by injured employee. Workers comp immunity thwarts indemnity. FRACO PRODUCTS, LTD. v BOSTONIAN MASONRY84 Mass App Ct 296 (2013) FACTS On a construction project, a masonry subcontractor rented a mast climber from Fraco. Employees of the mason were on the equipment when it toppled… Read More »Workers Comp Immunity Thwarts Indemnity
With Reservation of Rights, Policyholders Pick Their Own Lawyers
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 from the insurance company, they may or may not pay your claim. If they do reserve their right not to indemnify you, you can pick your own lawyer and the… Read More »With Reservation of Rights, Policyholders Pick Their Own Lawyers
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) PARTIES AND AGREEMENTS Owner – Upper Rock II General Contractor – Gables Construction Project – 139 Unit Apartment Building Contract – AIA A102 with GMP and AIA A201 with waivers… Read More »Why Waive Subrogation? How it works
Who Assumes Defense If Indemnity Depends On Sole Fault?
A Massachusetts case between a car dealer franchisee and an auto manufacturer Ferreira v Chrysler Group LLC shows when and if liabilities from claims by consumer purchasers, flow between downstream sellers and upstream makers– and who has to pay to defend while the fault is being figured out. Ferreira bought a Chrysler and believing it… Read More »Who Assumes Defense If Indemnity Depends On Sole Fault?
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