Emotional distress ≠ bodily injury. Mass auto choice of law.
Emotional distress of spouse from witnessing spouses’ fatal injury was not “bodily injury” for purposes of collecting from Massachusetts car insurer. Mass Appeals Court case Liberty Mutual Insurance v Correia (Mass App Ct 2022) Per person limits in car accident coverage selection pages for Massachusetts automobile insurance covering Massachusetts owners/drivers limits purely emotional distress claim.… Read More »Emotional distress ≠ bodily injury. Mass auto choice of law.
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 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
Workers who collect worker’s comp payouts lose the right to sue their employer. Any other party who could be legally liable remains open to suit. (If the worker wins the tort case, it must repay worker’s comp for its outlays). Who enjoys this employers’ immunity from suit? The exclusive remedy of Worker’s Comp is exclusive… Read More »Joint Corporations Enjoy Comp Immunity
Contractor hired by city has to protect it on suits from cops on hair sample drug testing NO SPECIAL FORM OF NOTICE FOR DUTY TO DEFEND When a contract includes indemnity and an agreement to defend, no special kind of notice is required before the duty to defend is triggered. The burden of notice is… Read More »Agreement with Duty to Defend Enforced
Employee allowed to sue employer for inflicting emotional distress intentionally
No impunity for bullying totally unconnected to the employer’s interest A Latina legal assistant worked at the law offices of a male solo practitioner. The employer created an almost unbelievably hostile and disgusting workplace environment. She sued claiming intentional infliction of emotional distress, sexual harassment by hostile work environment and constructive discharge. The jury award… Read More »Employee allowed to sue employer for inflicting emotional distress intentionally
Business Insurance doesn’t reach these assault claims
FACTS A 23 year old ballerina student brought claims of sexual assault occurring on a work-related trip far from home, against a 43 year old instructor/ employee of the school and officer of its business. Recent Massachusetts Appeals Court case dismisses claims that insurers have to defend the conduct alleged in this case. Marculetiu v.… Read More »Business Insurance doesn’t reach these assault claims
A recent Maryland case shows the protection contractors enjoy when their contract includes waivers of subrogation. Gables Construction v Red Coats Md Ct Appeals (2020) PARTIES AND AGREEMENTS Owner – Upper Rock II General Contractor – Gables Construction Project – 139 Unit Apartment Building Contract – AIA A102 with GMP and AIA A201 with waivers… Read More »Why Waive Subrogation? How it works
This site was created using WordPress and uses Google Analytics to understand how posts are being received.
• This site has Google Analytics Advertising Features implemented involving Google Analytics cookies.
• Some of the ads you receive on pages across the internet are customized based on predictions about your interests generated from your visits over time and across different web-sites. This type of ad customization — sometimes called “interest-based” or “online behavioral” advertising — is enabled through various technologies, including browser cookies as well as other non-cookie technologies.
• Sliver Lake Legal has no policy or intent to use first and third party cookies together.
• Visitors can opt-out of the Google Analytics Advertising Features, including through Ads Settings, Ad Settings for mobile apps, or any other available means (for example, the NAI’s consumer opt-out).
• Users should also visit Google Analytics’ currently available opt-outs for the web.