Homeowners doesn’t cover defense of home condition warranty. Norfolk & Dedham v Norton Ma App Ct (2021) FACTS The homeowners made statements in the seller’s disclosure while they owned the place; then they sold the house. Flooding from severe storms hit a house two years after it had been sold. The buyers sued years later… Read More »Homeowners Ins No Seller Warranty Defense
Expensive Attack on Agreed Process for Appraiser Fails
STATE ROOM, INC. v MA-60 STATE ASSOCAITES LLC 84 Mass App Ct 244 (2013) FACTS A lease set rent for the option term beginning 2010 to be determined by three appraisers. By the agreement, the landlord chose one appraiser, the tenant chose one and those two, chose a third. The tenant found what it called… Read More »Expensive Attack on Agreed Process for Appraiser Fails
Employers Become OSHA Investigators Under Updated Virus Rules
ASK WHEN YOU LEARN OSHA standards for COVID 19, updated on May 19, 2020, uses reporting requirements to turn employers into investigators of their own jobsites. The employer must use reasonable efforts to reach conclusions on the questions - Has the pandemic visited your worksite? Was the employee’s COVID work-related? OSHA (the Federal Department of… Read More »Employers Become OSHA Investigators Under Updated Virus Rules
Does a Corporation or LLC Need a Lawyer in Massachusetts’ Courts?
Corporations and LLC’s are considered to be legal individuals, and while people can go to court without a lawyer and represent themselves (pro se), the Massachusetts Courts prohibit corporations from acting on their own without a lawyer to: File or Answer a complaint or any kind of court pleading or to make any kind of… Read More »Does a Corporation or LLC Need a Lawyer in Massachusetts’ Courts?
Contractor’s defective work not covered as property damage by GL insurance If built wrong to start – not an incident for coverage purposes Mass weighs in on vexing question - bad work not covered FACTS Lessard v RC Havens Mass Appeals Court 2024 Parties and lead up The homeowner’s case against the general contractor went… Read More »Defective work General Liability cover – denied
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