Broad Seep of Arbitration Clause Can’t Pull in Non-Signers
A Massachusetts doctor, who didn’t sign an arbitration agreement between a nursing home and its patient, couldn’t be forced to take part in the arbitration, or to be stuck with the result, when the patient claimed malpractice. The case Walker v Collyer found a patient trying to force a doctor into an arbitration the doctor… Read More »Broad Seep of Arbitration Clause Can’t Pull in Non-Signers
Bad Faith – only if ALL other insurers would have settled
ISSUE By what standard is bad faith failure to settle measured in Massachusetts? Silva v Norfolk & Dedham Mass App Ct 2017 – set out the standards. HOLDING There must be expert evidence that NO reasonable insurer, having the information available to the carrier on trial – would have failed to settle. **2020 update –… Read More »Bad Faith – only if ALL other insurers would have settled
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
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
Contractor hired by city has to protect it on suits from cops on hair sample drug testing NO SPECIAL FORM OF NOTICE FOR DUTY TO DEFEND When a contract includes indemnity and an agreement to defend, no special kind of notice is required before the duty to defend is triggered. The burden of notice is… Read More »Agreement with Duty to Defend Enforced
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