The loss of personal data creates many problems for those responsible to protect it. The Connecticut Supreme Court decided – insurance does not have to… Read More »No GL coverage if no one uses personal data on tapes lost falling off a truck
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… Read More »Reasonable Attorney’s fees When Insurer Issues a Reservation of Rights
Civil lawsuits in Massachusetts almost never get decided by juries. Fewer than 1.4% of all Superior Court Civil cases in 2015 actually ended with jury… Read More »Jury Verdicts Are Rare in Massachusetts Civil Cases
Corporations and LLC’s are considered to be legal individuals, and while people can go to court without a lawyer and represent themselves (pro se), the… Read More »Does a Corporation or LLC Need a Lawyer in Massachusetts’ Courts?
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… Read More »Attorney’s Fees Shifted by Value of Grader Services Recovery
Suffolk Construction was allowed to press its claims to get back some of the money kept by a bank whose borrower, a Suffolk subcontractor, went… Read More »Anti-windfall rule allows reclaiming mistakenly sent, wrongly retained, money
SUPERIOR MECHANICAL PLUMBING & HEATING V INSURANCE COMPANY OF THE WEST 80 Mass App Ct 584 (2012) FACTS The Owner, LA Fitness Center hired the… Read More »Sub Lien Attaches only to Amounts Owner Owes GC
When someone gets hurt at work, the employer’s workers compensation automatically pays medical costs and a large fraction of lost wages – no matter whose… Read More »Workers Keep Pain and Suffering 3rd Party Payout Workers Comp Gets None
In a non-precedential ruling, Massachusetts Appeals Court shot down the claim of a subcontractor who, refused to perform disputed work and walked off the job.… Read More »Walk off Sub’s Claim Sunk by “Perform First /Dispute Later” Clause
Frozen pipe property damage claim against insurer governed by statute of limitations – discovery rule doesn’t apply FACTS Building owner learned during a cold December… Read More »Massachusetts Property Damage Claim v Insurer – Not Subject to Discovery Rule