Sauce Maker’s Insurer Pays for Emails Badmouthing Competitor &/Or Its Sauces
Rass and Tulshian developed sauces and sold them to Trader Joes but did nothing to protect their trade secrets. Rass decided to cut Tulshian out and told Trader Joes in an email, that Tulshian’s activities were “illegal” and “unethical”. This all led to an interesting case of insurance bad faith in Massachusetts. Tulshian sued Rass… Read More »Sauce Maker’s Insurer Pays for Emails Badmouthing Competitor &/Or Its Sauces
Rough Framer’s Insurer had to Defend Upstream Parties in Pipe Freeze Water Damage Case
Philadelphia Indemnity v Consigli Construction Co. Inc, Dist Court D Mass (2018) PARTIES AND FACTS Pipes burst in a Condominium. The Condominium, insured by Philadelphia, paid - and sued others for subrogation - to recoup. In the name of their insured Condo, Philadelphia sued Consigli – general contractor "Stock" Building Supply – the framing subcontractor… Read More »Rough Framer’s Insurer had to Defend Upstream Parties in Pipe Freeze Water Damage Case
Reasonable Attorney’s fees When Insurer Issues a Reservation of Rights
If your insurer sends a "Reservation of Rights" letter, you can choose your own lawyer (not one assigned by the insurance company) and the insurer has to pay the reasonable fees of defending you on covered claims. When suits seek recovery under multiple counts, some may be covered by insurance, some may not. The… Read More »Reasonable Attorney’s fees When Insurer Issues a Reservation of Rights
Missing Prompt Pay Act objection dates means money must be paid but bring defenses in the same case Raise defenses AFTER paying amounts ‘deemed approved’ by the Prompt Pay Act // Don’t enter judgement separately on Prompt Pay claims, try defenses after payment is made // If the Prompt Pay Act applies, ‘too late to… Read More »Prompt Pay – Pay then Litigate Defenses
Contractor's claims for contract interference and defamation dismissed without trial FACTS OF 2025 Mass Appeals Court case BC Construction Co., Inc. vs Johnson Roberts Associates JRA architects worked on a public library project in Everett MA with BC Construction. BC submitted change orders at the end of the project increasing project cost. JRA was hired… Read More »Privilege to Accurately Convey Dispute History
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