When the contract mandates specific coverage, be sure you have it. Designers were found to have breached their contract to procure insurance naming an Ohio… Read More »Designers on Hook Where Cover Excluded Required Element
Conduct of the claimant admitted as a defense to machine design defect warranty claim; jury finds that conduct blocks all recovery. Affirmed on Appeal. Rose… Read More »Unreasonable Misuse Evidence Blocks Warranty Claim Injury Recovery
A Massachusetts case between a car dealer franchisee and an auto manufacturer Ferreira v Chrysler Group LLC shows when and if liabilities from claims by… Read More »Who Assumes Defense If Indemnity Depends On Sole Fault?
Many corporate mergers include a frozen account with part of the sale proceeds held in escrow, so the buyer has a way to take care… Read More »Merger Holdback Payout Flap – Who Can Break Off Frozen Funds?
Massachusetts judges have twice recently considered the liability of a construction equipment renter to a person injured while using the equipment and the cases reach… Read More »Construction Equipment Lessor Gets Out of Injury Suit This Time
Massachusetts rejects all efforts to bring employer into lawsuit by injured employee. Workers comp immunity thwarts indemnity. FRACO PRODUCTS, LTD. v BOSTONIAN MASONRY84 Mass App… Read More »Workers Comp Immunity Thwarts Indemnity
Many construction contracts require subcontractors to secure General Liability “additional insured” status for the construction managers hiring them. With this protection, if the CM or… Read More »Additional Insured Status 2013 Update – Require It Clearly
How should indemnity obligations be allocated when a liable insured company has had a series of different insurers offering coverage over the years? Deciding that… Read More »Allocating Costs When Lots of Policies Are Triggered
Massachusetts’ top Court just decided a case that commercial landlords will not want to miss. If your lease doesn’t call out how to measure damages… Read More »Commercial Landlord Early Termination Damages – Write it In
Must an insurance company defend the entire case where some claims are covered but some are clearly not covered? General liability insurers must, title insurers… Read More »General Rule Applies to General Liability but Not to Title Insurance