Emotional distress ≠ bodily injury. Mass auto choice of law.
Emotional distress of spouse from witnessing spouses’ fatal injury was not “bodily injury” for purposes of collecting from Massachusetts car insurer. Mass Appeals Court case Liberty Mutual Insurance v Correia (Mass App Ct 2022) Per person limits in car accident coverage selection pages for Massachusetts automobile insurance covering Massachusetts owners/drivers limits purely emotional distress claim.… Read More »Emotional distress ≠ bodily injury. Mass auto choice of law.
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 »Court Bounces Insurance Claim for Cost of Fixing Gym Floor
The insurance requirements worked in this 2018 North Carolina case, in forcing the lower tier sub’s primary general liability and umbrella insurers to pay for defense and for the amount of the settled claim. Continental Cas. Co. v. Amerisure Ins. Co., Typical claim arrangement. Injury to employee of sub-sub. Lawsuit against Sub, General and Owner. Four… Read More »Contractual risk transfer – this time it worked.
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 »Business Insurance doesn’t reach these assault claims
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
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