Innocent co-insured can claim half of property loss caused by co-insured arsonist.
FACTS Co-owners of a home insured it. One of them burned it on purpose. The other one, innocent of involvement in the fire, made a fire loss claim on the homeowner’s insurance. The 2020 Mass Supreme Judicial Court case Aquino v United Property & Casualty Company (2019) stated “Pastrana set fire to the home intentionally… Read More »Innocent co-insured can claim half of property loss caused by co-insured arsonist.
Construction contracts often hold back some contractor pay until the job’s end. Massachusetts lawmakers enacted a law in August 2014 to make those holdback payments flow – and to impose a record keeping burden on those who would rather not release retainage. The enactment, Chapter 149 Section 29 F sheparded through by the Associated Subcontractors… Read More »If You Don’t Explain It; You Can’t Retain It
Makers of non-defective components are not liable for damages caused when the part is added to a bigger assembly which does cause damage. Massachusetts SJC case Nemirovsky v Daikin North America LLC (2021) supports component parts doctrine. HVAC system = integrated product. AC fan coils delivered per specs of system designer corroded prematurely. Coil maker… Read More »HVAC Fail not Due to Maker of Coil
Homeowners Insurance Claims in Massachusetts – How it works
You pay Massachusetts homeowner’s insurance premiums and have for years - now you have a claim for property damage. Maybe your home and some of your things were damaged by wind driven rain, maybe water intrusion from ice dams, how to make your claim? An insurance policy is a written agreement. In order to make… Read More »Homeowners Insurance Claims in Massachusetts – How it works
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