No notice needed under risky mode of business theory
Self-service modes of business can create risks not present with over-the-counter sales. In a recent Massachusetts case Bowers v Wile's the top Court found that a path, made up of ‘river stones’ with goods for sale displayed on it, sited right next to the walkway to the store, created an ongoing risk that someone would… Read More »No notice needed under risky mode of business theory
No GL coverage if no one uses personal data on tapes lost falling off a truck
The loss of personal data creates many problems for those responsible to protect it. The Connecticut Supreme Court decided - insurance does not have to pay notification expenses where there was no proof that anyone used the missing data. Recall Total Information Management v Federal Insurance CT Supreme Court (2015) FACTS Personal data of… Read More »No GL coverage if no one uses personal data on tapes lost falling off a truck
Merger Holdback Payout Flap – Who Can Break Off Frozen Funds?
Many corporate mergers include a frozen account with part of the sale proceeds held in escrow, so the buyer has a way to take care of any previously hidden claims that arise later against the seller. In a recent Massachusetts Appeals Court case, the Court had to interpret the rules governing the payouts from one… Read More »Merger Holdback Payout Flap – Who Can Break Off Frozen Funds?
Massachusetts Property Damage Claim v Insurer – Not Subject to Discovery Rule
Frozen pipe property damage claim against insurer governed by statute of limitations - discovery rule doesn’t apply FACTS Building owner learned during a cold December that pipes froze and leaked water through the house. The insurer investigated for over one year and didn’t pay. The owner sued – more than two years after the loss… Read More »Massachusetts Property Damage Claim v Insurer – Not Subject to Discovery Rule
Mass Court Picks Pot Case to Remind Employers That Discussions of Accommodation Are Needed
A medical marijuana case set the table for Massachusetts’ Supreme Judicial Court to remind employers that there needs to be discussion of accommodation whenever a worker claims to have a debilitating medical condition. The worker in Barbuto v Advantage Sales and Marketing LLC had a prescription from a doctor to treat Chron’s disease with medical… Read More »Mass Court Picks Pot Case to Remind Employers That Discussions of Accommodation Are Needed
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