General Rule Applies to General Liability but Not to Title Insurance
Must an insurance company defend the entire case where some claims are covered but some are clearly not covered? General liability insurers must, title insurers do not have to according to a 2013 decision by Massachusetts SJC. A flap arose when by mistake, a deed was recorded before a mortgage. The right to enforce payment… Read More »General Rule Applies to General Liability but Not to Title Insurance
NATURAL GAS AND ELECTRICITY IN NEW ENGLAND/ REGULATION AND MARKETS Sitting on the seam between free markets and regulation are public utilities. Markets and regulation are conceptual competitors. Most agree that the best way to rationalize distribution is through markets but government, what we agree to do together, often expresses itself through regulations. Natural gas… Read More »Fatter Gas Pipes Needed to Power New England?
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
COURT SAYS : PAY OPPONENT’S ATTORNEY’S BIG FEES Massachusetts top Court vindicates the value of attorney’s work in Anti-SLAPP (MGL c 231 Sect 59H) and Wage Act (MGL c 149 sect 148-150) case. Hidalgo v Watch City Construction SJC 2026. Facts Hidalgo, an hourly general laborer, sued his employer, Watch City Construction Corp., claiming he… Read More »Employer’s Counterclaim on Small Claim Backfires
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