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
National franchise chains work with local owners under agreements that impose brand requirements. Massachusetts Appeals Court decided in Lind v Domino’s Pizza LLC the Domino’s… Read More »Court Delivers Domino’s From Lawsuit – Franchisor Not Liable to Attacked Deliveryman
Regulated utilities sit on the seams between public and private, Federal and State and often, on the seams between the branches of government. In a… Read More »Tariff exculpates utilities; blocks recovery of business losses. Courts defer to Legislature’s DPU.
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 doctor, who didn’t sign an arbitration agreement between a nursing home and its patient, couldn’t be forced to take part in the arbitration,… Read More »Broad Seep of Arbitration Clause Can’t Pull in Non-Signers
If you must know more about “the economic loss rule”, … it is rule is based on the idea that lawsuits between people who have… Read More »The Bewildering Economic Loss Rule