Massachusetts rejects all efforts to bring employer into lawsuit by injured employee. Workers comp immunity thwarts indemnity. FRACO PRODUCTS, LTD. v BOSTONIAN MASONRY84 Mass App Ct 296 (2013) FACTS On a construction project, a masonry subcontractor rented a mast climber from Fraco. Employees of the mason were on the equipment when it toppled… Read More »Workers Comp Immunity Thwarts Indemnity
Conduct of the claimant admitted as a defense to machine design defect warranty claim; jury finds that conduct blocks all recovery. Affirmed on Appeal. Rose v Highway Equipment Company 86 Mass App Ct 204 (2014) WORKER INJURED MAINTAINING WORK EQUIPMENT Rose, a worker injured while performing maintenance on heavy machinery, sued the manufacturer of the… Read More »Unreasonable Misuse Evidence Blocks Warranty Claim Injury Recovery
Ten Tips for Massachusetts Property Insurance Claims
You have paid premiums, now you have a claim because your property got damaged. How does that work? Give Notice Early – Contact the insurer to give notice of claim. The initial notice need not be detailed. You Are Your Claim # – Know your Claim # – this is the key to the door… Read More »Ten Tips for Massachusetts Property Insurance Claims
Massachusetts top Court issued a much awaited decision Coughlin Electric v Gilbane Building Co ruling on construction contracting methods and the scope of duty between Owners/ Designers and Construction Managers under the relatively new Construction Manager at Risk arrangement. New contracting methods involve the builder sooner, during the design process. The Court had to allocate… Read More »Owner Warrants Some Design Adequacy to CM At Risk
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