Posts
Bad Faith – only if ALL other insurers would have settled
ISSUE By what standard is bad faith failure to settle measured in Massachusetts? Silva v Norfolk & Dedham Mass App Ct 2017 - set out the standards. HOLDING There must be expert evidence that NO reasonable insurer, having the information available to the carrier on trial – would have failed to settle. **2020 update -… Read More »Bad Faith – only if ALL other insurers would have settled
9 Ways To Be A Good Construction Project Owner
Own the process and set the tone. Newer design and construction methods use better integration across disciplines and among parties, sometimes using Lean principles, a collaborative spirit and open communications. Getting to know the others on the project will make the inevitable hard conversations, easier to have. Spend early time together with both the design… Read More »9 Ways To Be A Good Construction Project Owner
Homeowners Insurance Claims in Massachusetts – How it works
You pay Massachusetts homeowner’s insurance premiums and have for years - now you have a claim for property damage. Maybe your home and some of your things were damaged by wind driven rain, maybe water intrusion from ice dams, how to make your claim? An insurance policy is a written agreement. In order to make… Read More »Homeowners Insurance Claims in Massachusetts – How it works
Solar Incentive Program in Massachusetts Updated 2017
On January 31, 2017 Massachusetts released plans for the redesign of the program to incentivize solar energy construction in the state. The DOER slideshow is here. Massachusetts commitment to support solar energy production remains but is reshaped - to target the projects deemed optimal and to reduce rewards for putting solar farms in undeveloped green… Read More »Solar Incentive Program in Massachusetts Updated 2017
Employer Liability – Worker Uses Company Data Access – Customer Gets Threats
Employers need to protect company data from insider misuse Massachusetts Appeals Court decided a case involving an insurance agency employee who used her work computer to access claims data for an improper purpose - to get information that was used to threaten a claimant policyholder. Adams v. Congress Auto Insurance Agency, Inc., No. 15-P-452… Read More »Employer Liability – Worker Uses Company Data Access – Customer Gets Threats
No GL coverage if no one uses personal data on tapes lost falling off a truck
The loss of personal data creates many problems for those responsible to protect it. The Connecticut Supreme Court decided - insurance does not have to pay notification expenses where there was no proof that anyone used the missing data. Recall Total Information Management v Federal Insurance CT Supreme Court (2015) FACTS Personal data of… Read More »No GL coverage if no one uses personal data on tapes lost falling off a truck
Reasonable Attorney’s fees When Insurer Issues a Reservation of Rights
If your insurer sends a "Reservation of Rights" letter, you can choose your own lawyer (not one assigned by the insurance company) and the insurer has to pay the reasonable fees of defending you on covered claims. When suits seek recovery under multiple counts, some may be covered by insurance, some may not. The… Read More »Reasonable Attorney’s fees When Insurer Issues a Reservation of Rights
Sauce Maker’s Insurer Pays for Emails Badmouthing Competitor &/Or Its Sauces
Rass and Tulshian developed sauces and sold them to Trader Joes but did nothing to protect their trade secrets. Rass decided to cut Tulshian out and told Trader Joes in an email, that Tulshian’s activities were “illegal” and “unethical”. This all led to an interesting case of insurance bad faith in Massachusetts. Tulshian sued Rass… Read More »Sauce Maker’s Insurer Pays for Emails Badmouthing Competitor &/Or Its Sauces
Massachusetts Courts Civil Filings Down for Fifth Year in a Row
Stats published by the Massachusetts Trial Courts show that the number of "regular" civil cases filed each year has dropped every year between 2011 and 2015. Fewer disputes are not a likely explanation; instead there may be something about the Court process that shrinks the attraction of filing suits for money in Massachusetts.
Get A Consult
Charles W. Cobb
Attorney at Law
ADDRESS
320 Nevada Street Ste 301,
Newton MA 02460
ccobb@silverlakelegal.com
PHONE NUMBER
(978) 979-1223