ISSUE By what standard is bad faith failure to settle measured in Massachusetts? Silva v Norfolk & Dedham Mass App Ct 2017 – set out… Read More »Bad Faith – only if ALL other insurers would have settled
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… Read More »Homeowners Insurance Claims in Massachusetts – How it works
Employers need to protect company data from insider misuse Massachusetts Appeals Court decided a case involving an insurance agency employee who used her work… Read More »Employer Liability – Worker Uses Company Data Access – Customer Gets Threats
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
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… Read More »Sauce Maker’s Insurer Pays for Emails Badmouthing Competitor &/Or Its Sauces
Self-service modes of business can create risks not present with over-the-counter sales. In a recent Massachusetts case Bowers v Wile’s the top Court found that… Read More »No notice needed under risky mode of business theory
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
An insurer with enough notice of a claim had to pay the full damage even though the policy holder never turned over suit papers –… Read More »Court Tags Insurer with Entire Judgment Despite Lack of Notice of Suit
Massachusetts top Court issued a much awaited decision Coughlin Electric v Gilbane Building Co ruling on construction contracting methods and the scope of duty between… Read More »Owner Warrants Some Design Adequacy to CM At Risk