Appeal Threat by Insurer After Verdict Found to Be Bad Faith
Massachusetts case clarifies standards for when insurers must offer reasonable settlements. Chiulli vs. Liberty Mutual Insurance Mass App Ct (2020) See my earlier post on the same issue in another decision www.silverlakelegal.com/bad-faith-only-if-all-other-insurers-would-have-settled/ FACTS Disagreement over a barstool led to a fight just outside the bar. Chiulli one of the battlers, got badly hurt and sued… Read More »Appeal Threat by Insurer After Verdict Found to Be Bad Faith
Liquidated Damages - if a penalty - unenforceable Mass Appeals Court denies liquidated Damages Case name = Mittas Early Learning LLC v MDC Properties FACTS Parties & Premises Developer promised to build a child care center by a deadline in the lease (within 180 days of getting a building permit). Developer missed the date by… Read More »Amend Commercial Leases Carefully
Allocating Costs When Lots of Policies Are Triggered
How should indemnity obligations be allocated when a liable insured company has had a series of different insurers offering coverage over the years? Deciding that the rule announced by the SJC in Boston Gas controlled, the trial judge dismissed the declaratory judgment complaint, and in a recent case the Massachusetts Appeals Court agreed in a… Read More »Allocating Costs When Lots of Policies Are Triggered
Additional Insured’s Policy Made to Pay First As Primary – With The Named Insured As Excess
Sophisticated insureds can't understand additional insured either Scottsdale Insurance v United Rentals US Dist Ct. Massachusetts (2018) FACTS Gomes had Scottsdale Insurance and when Gomes rented a lift from United Rentals it added United Rentals as additional insured. A Gomes employee was operating the lift when it caused personal injury to Ayotte. Ayotte sued… Read More »Additional Insured’s Policy Made to Pay First As Primary – With The Named Insured As Excess
Additional Insured Status 2013 Update – Require It Clearly
Many construction contracts require subcontractors to secure General Liability “additional insured” status for the construction managers hiring them. With this protection, if the CM or Owner gets pulled into a suit due to the subcontractor’s negligence, the sub’s insurer will protect those upstream parties. Insurers for subcontractors want not to have to provide any greater… Read More »Additional Insured Status 2013 Update – Require It Clearly
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