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 »Joint Corporations Enjoy Comp Immunity
Employee allowed to sue employer for inflicting emotional distress intentionally
No impunity for bullying totally unconnected to the employer’s interest A Latinx 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 »Joint Corporations Enjoy Comp Immunity
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 »Joint Corporations Enjoy Comp Immunity
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 »Joint Corporations Enjoy Comp Immunity
Risk transfer thwarted – exclusion clears insurer from defending or paying claims for injuries by subs of ANY insured
Exclusion Confusion – no defense of GC from its own Insurer on sub’s bi claim due to Employer’s Liability Exclusion This is the second recent construction case decided under MA law denying coverage to an entity listed as insured on an insurance policy. The first case was in State Court Phoenix Bay State v First… Read More »Joint Corporations Enjoy Comp Immunity
General Contractor Blocked from Enjoying Additional Insured Defense Coverage Due to the Cross-Liability Exclusion
Recent Massachusetts Appeals Court unpublished decision adds to confusion over the already complex system for additional insured coverage. Phoenix Bay State v First Financial Insurance Mass Appeals Court 2020 PARTIES General Phoenix Subcontractor Lanco Sub’s Insurer FFIC Suit Lanco employee v Phoenix Policy Phoenix demands defense as an additional insured on Lanco… Read More »Joint Corporations Enjoy Comp Immunity
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 »Joint Corporations Enjoy Comp Immunity
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