Designers on Hook Where Cover Excluded Required Element
When the contract mandates specific coverage, be sure you have it. Designers were found to have breached their contract to procure insurance naming an Ohio hospital as additional insured on the designer’s General Liability coverage. The insurance required under contract was to provide coverage for bodily injury “caused by a biological agent or bacteria”. In… Read More »Designers on Hook Where Cover Excluded Required Element
Contractor’s defective work not covered as property damage by GL insurance If built wrong to start – not an incident for coverage purposes Mass weighs in on vexing question - bad work not covered FACTS Lessard v RC Havens Mass Appeals Court 2024 Parties and lead up The homeowner’s case against the general contractor went… Read More »Defective work General Liability cover – denied
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 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
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