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


A recent Maryland case shows the protection contractors enjoy when their contract includes waivers of subrogation.  Gables Construction v Red Coats Md Ct Appeals (2020) PARTIES AND AGREEMENTS       Owner – Upper Rock II General Contractor – Gables Construction Project – 139 Unit Apartment Building Contract – AIA A102 with GMP and AIA A201 with waivers… Read More


Recent Massachusetts Appeals Court unpublished decision adds to confusion over the already complex system for additional insured coverage. Phoenix Bay State v First Financial Insurance Mass Appeals Court 2020 PARTIES General                Phoenix Subcontractor    Lanco Sub’s Insurer      FFIC Suit                       Lanco employee v Phoenix Policy                   Phoenix demands defense as an additional insured on Lanco… Read More