Agreement with Duty to Defend Enforced 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
Business Insurance doesn’t reach these assault claims 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
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