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
Corporate Agent Wrongdoing – How Far Up the Chain Does Responsibility for Intentional Acts Climb?
Only the wrongful actions of agents at senior levels of corporations will be imputed to the corporation for purposes of the rule that any recovery by wrongdoers is blocked. Merrimack College v KPMG Massachusetts SJC (2018) FACTS A bookkeeper in the accounting office of a college made fraudulent entries putting debt onto students improperly. An… Read More »Corporate Agent Wrongdoing – How Far Up the Chain Does Responsibility for Intentional Acts Climb?
Construction insurance – expensive because it is incomprehensible
Additional insured status useless due to anti-indemnity laws MAXIM CRANE WORKS, LP v. ZURICH AMERICAN INSURANCE COMPANY, Dist. Court, SD Texas 2019 FACTS Crane lessor Maxim leased its crane ‘as is’ to Berkel on a Skanska job. Maxim became additional insured on Berkel’s Zurich general liability policy. Berkel, a Skanska subcontractor was enrolled in the… Read More »Construction insurance – expensive because it is incomprehensible
Where a lien bond has been posted to bond off a lien, a Complaint in the lien case need not be filed at the Registry of Deeds. City Electric Supply v Arch Insurance Company Massachusetts SJC 2019 FACTS When an unpaid supplier liened the owner’s project, the owner insisted that its construction manager either clear… Read More »Bond, Lien Bond
Bad Faith Refusal to Return Security Deposit Costs Commercial Landlord
Five-year litigation over $16,000 ends with upholding of triple damages and attorney’s fees award. For most kinds of cases, attorneys’ fees are not a part of recoverable damage. Bad faith business practice cases based on Massachusetts law GL c. 93a– if found by a judge (not a jury), after trial, can permit recovery of attorney’s… Read More »Bad Faith Refusal to Return Security Deposit Costs Commercial Landlord
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