Workers Keep Pain and Suffering 3rd Party Payout Workers Comp Gets None
When someone gets hurt at work, the employer’s workers compensation automatically pays medical costs and a large fraction of lost wages – no matter whose fault caused the work injury. Due to a 100 year old legislative trade-off, this automatic but limited recovery, cloaks the employer with immunity from lawsuits from their employees. Comp collecting… Read More »Workers Keep Pain and Suffering 3rd Party Payout Workers Comp Gets None
With Reservation of Rights, Policyholders Pick Their Own Lawyers
If you get sued, send notice to your insurance company seeking a defense and indemnity. If in response, you get a “reservation of rights letter” back from the insurance company, they may or may not pay your claim. If they do reserve their right not to indemnify you, you can pick your own lawyer and the… Read More »With Reservation of Rights, Policyholders Pick Their Own Lawyers
Who Assumes Defense If Indemnity Depends On Sole Fault?
A Massachusetts case between a car dealer franchisee and an auto manufacturer Ferreira v Chrysler Group LLC shows when and if liabilities from claims by consumer purchasers, flow between downstream sellers and upstream makers– and who has to pay to defend while the fault is being figured out. Ferreira bought a Chrysler and believing it… Read More »Who Assumes Defense If Indemnity Depends On Sole Fault?
Massachusetts’ Appeals Court decided an unknown site conditions case where the low bid contractor used a very low plug number for its estimated cost to remove the unknown quantity of subsurface rocks. The owner required this figure because it wanted the contractor to bear the cost risk of subsurface surprises. When the project was… Read More »Way Low Bid to Move Rock Costs Contractor
Walk off Sub’s Claim Sunk by “Perform First /Dispute Later” Clause
In a non-precedential ruling, Massachusetts Appeals Court shot down the claim of a subcontractor who, refused to perform disputed work and walked off the job. Acme Abatement Contractor, Inc. V. S&R Corporation, Mass: Appeals Court (2015) FACTS S&R hired Acme Abatement for part of the scope of a job at a plant and its… Read More »Walk off Sub’s Claim Sunk by “Perform First /Dispute Later” Clause
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