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
INSURER OWES NO ATTORNEY’S FEES ON VERDICT ON UNCOVERED CLAIMS Homeowner/ Contractor Insurer dispute goes 15 years. Styller v National Fire & Marine Insurance Company Mass App Ct 2019 PARTIES – Homeowner Styller hired contractor FCMNH in 2004 for demo and repair of his home. FCMNH was insured under a general liability policy by National Fire & Marine. CLAIMS FROM THE WORK Unhappy with the… Read More
Court Bounces Insurance Claim for Cost of Fixing Gym Floor The Windsor School (Owner) hired the contractor (LKC) to build a new gymnasium. LKC hired a subcontractor to lay the floor. Within months of completion, the architect notified the contractor of flooring deficiencies. Lee Kennedy Co. v. Arch Insurance Company, Dist. Court, D. Massachusetts 2019 When the contractor held the sub’s retainage, the sub sued.… Read More