(978) 979-1223

ccobb@silverlakelegal.com

Silver Lake Legal

Construction, Insurance & Business Attorney Boston

Posts

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
Why Waive Subrogation? How it works
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
Employer violated both the Wage Act and the Prevailing Wage law – corporate officers liable?
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Recent Massachusetts Appeals Court unpublished decision adds to confusion over the already complex system for additional insured coverage.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 »General Contractor Blocked from Enjoying Additional Insured Defense Coverage Due to the Cross-Liability Exclusion
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
Insurance for construction work related virus personal injury and health harms to others – covered, excluded or limited?
VIRUS RELATED WORK INJURIES An injured person may claim that a company’s failure to take to reasonable precautions to prevent the spread of the Corona virus at its place of business makes out an accidental event that led to bodily injury. WORKERS COMP – AUTOMATIC BUT LIMITED Hurt at work? Every employer must provide workers… Read More »Insurance for construction work related virus personal injury and health harms to others – covered, excluded or limited?
Appeal Threat by Insurer After Verdict Found to Be Bad Faith
Massachusetts case clarifies standards for when insurers must offer reasonable settlements. Chiulli vs. Liberty Mutual Insurance Mass App Ct (2020) See my earlier post on the same issue in another decision www.silverlakelegal.com/bad-faith-only-if-all-other-insurers-would-have-settled/ FACTS Disagreement over a barstool led to a fight just outside the bar. Chiulli one of the battlers, got badly hurt and sued… Read More »Appeal Threat by Insurer After Verdict Found to Be Bad Faith
Wages lost as a result of retaliation get tripled
Retaliatory firing deprived worker of commissions that ripened later but legal penalties tripled the entire sum. Massachusetts SJC Parker v EnterNOC, Inc. (2020) FACTS Parker made a base salary and commissions working for EnterNOC marketing energy efficiency services. Parker made a $20M sale to occur over 5 years but only the first year was guaranteed,… Read More »Wages lost as a result of retaliation get tripled

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Charles W. Cobb

Attorney at Law


ADDRESS

320 Nevada Street Ste 301,

Newton MA 02460

EMAIL

ccobb@silverlakelegal.com

PHONE NUMBER

(978) 979-1223

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