Reasonable Attorney’s fees When Insurer Issues a Reservation of Rights
If your insurer sends a “Reservation of Rights” letter, you can choose your own lawyer (not one assigned by the insurance company) and the insurer has to pay the reasonable fees of defending you on covered claims. When suits seek recovery under multiple counts, some may be covered by insurance, some may not. The… Read More »Reasonable Attorney’s fees When Insurer Issues a Reservation of Rights
No GL coverage if no one uses personal data on tapes lost falling off a truck
The loss of personal data creates many problems for those responsible to protect it. The Connecticut Supreme Court decided – insurance does not have to pay notification expenses where there was no proof that anyone used the missing data. Recall Total Information Management v Federal Insurance CT Supreme Court (2015) FACTS Personal data of… Read More »No GL coverage if no one uses personal data on tapes lost falling off a truck
How do you know who gets fees for prevailing in a Massachusetts Wage Act case? Whole case settled except for attorney’s fees Mass SJC – encourage correction of unlawful behavior by rewarding Wage Act attorneys Use the catalyst test for fee requests to see who prevailed. FACTS A Massachusetts Wage Act case Ferman v Sturgis… Read More »Mass Wage Act Fee Rule Stated
Mass Court Picks Pot Case to Remind Employers That Discussions of Accommodation Are Needed
A medical marijuana case set the table for Massachusetts’ Supreme Judicial Court to remind employers that there needs to be discussion of accommodation whenever a worker claims to have a debilitating medical condition. The worker in Barbuto v Advantage Sales and Marketing LLC had a prescription from a doctor to treat Chron’s disease with medical… Read More »Mass Court Picks Pot Case to Remind Employers That Discussions of Accommodation Are Needed
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