Court Tags Insurer with Entire Judgment Despite Lack of Notice of Suit
An insurer with enough notice of a claim had to pay the full damage even though the policy holder never turned over suit papers - because the insurer didn't really suffer prejudice the top Massachusetts court ruled in a recent case. FACTS C&N ran a car repair shop and carried General Liability insurance with $50k… Read More »Court Tags Insurer with Entire Judgment Despite Lack of Notice of Suit
Court Delivers Domino’s From Lawsuit – Franchisor Not Liable to Attacked Deliveryman
National franchise chains work with local owners under agreements that impose brand requirements. Massachusetts Appeals Court decided in Lind v Domino’s Pizza LLC the Domino’s Pizza franchisor had no possible liability in a case brought for a delivery driver who was murdered delivering pies in the middle of the night. There is a general… Read More »Court Delivers Domino’s From Lawsuit – Franchisor Not Liable to Attacked Deliveryman
Court Bounces Insurance Claim for Cost of Fixing Gym Floor
The Windsor School (Owner) hired the contractor (LKC) to build a new gymnasium. LKC hired a subcontractor to lay the floor. Within months of completion, the architect notified the contractor of flooring deficiencies. Lee Kennedy Co. v. Arch Insurance Company, Dist. Court, D. Massachusetts 2019 When the contractor held the sub’s retainage, the sub sued.… Read More »Court Bounces Insurance Claim for Cost of Fixing Gym Floor
Construction insurance – expensive because it is incomprehensible
Additional insured status useless due to anti-indemnity laws MAXIM CRANE WORKS, LP v. ZURICH AMERICAN INSURANCE COMPANY, Dist. Court, SD Texas 2019 FACTS Crane lessor Maxim leased its crane ‘as is’ to Berkel on a Skanska job. Maxim became additional insured on Berkel’s Zurich general liability policy. Berkel, a Skanska subcontractor was enrolled in the… Read More »Construction insurance – expensive because it is incomprehensible
Cold Water for IPD Excitement With Developers’ Perspective
If you only hear positive things about Integrated Project Delivery (IPD) for construction, you might want to hear a private developer’s caution in this podcast, IPD and Project Development. I interviewed Robert Springer of Concurrent Technologies Corporation at a meeting of the ABA Construction Industry Forum. He discusses IPD from the perspective of private developers… Read More »Cold Water for IPD Excitement With Developers’ Perspective
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