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

If you sue on bond to get money due on a public works job in Massachusetts and win anything after a trial, you also get attorney’s fees the Appeals Court ruled. The case Aggregate Industries v Hugo Key is found here. The asphalt subcontractor on a public job wanted the agreement to include fees for… Read More

Parties resist settlement agreements and often regret making them. FACTS Parties in a recent Massachusetts case agreed on a settlement number but the agreement was silent on when the payments were to be made.  The party making payments wanted to stretch out payments over time. The receiving party wanted its money right away. ISSUE The… Read More