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
Mass Most Interested in Claim against Mass lawyer A case involving the recording artist Prince forces Massachusetts Appeals Court to decide if Mass or Minnesota law applies to a legal malpractice claim. Comercia Bank &Trust v Brown & Rosen LLC Mass. App. Ct. (2022) FACTS A sound engineer who worked with the recording artist Prince… Read More »Whose Law Rules Prince Estate Claim?
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
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