Insurance for construction work related virus personal injury and health harms to others – covered, excluded or limited? VIRUS RELATED WORK INJURIES An injured person may claim that a company’s failure to take to reasonable precautions to prevent the spread of the Corona virus at its place of business makes out an accidental event that led to bodily injury. WORKERS COMP – AUTOMATIC BUT LIMITED Hurt at work? Every employer must provide workers… Read More
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
Innocent co-insured can claim half of property loss caused by co-insured arsonist. FACTS Co-owners of a home insured it. One of them burned it on purpose. The other one, innocent of involvement in the fire, made a fire loss claim on the homeowner’s insurance. The 2020 Mass Supreme Judicial Court case Aquino v United Property & Casualty Company (2019) stated “Pastrana set fire to the home intentionally… Read More
Insurer Not Stuck With Parties’ Settlement, Arguing That Since Death Was Not Accident, Claim Was Not Covered Massachusetts’ top Court laid out the process for insurers to show they should not have to pay for a voluntary settlement reached by parties covered by insurance. With personal injury insurance you get a legal defense paid for by the carrier as long as covered claims are asserted and you get indemnity. This Massachusetts case… Read More