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


FACTS A 23 year old ballerina student brought claims of sexual assault occurring on a work-related trip far from home, against a 43 year old instructor/ employee of the school and officer of its business. Recent Massachusetts Appeals Court case dismisses claims that insurers have to defend the conduct alleged in this case. Marculetiu v.… Read More


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