HVAC Fail not Due to Maker of Coil
Makers of non-defective components are not liable for damages caused when the part is added to a bigger assembly which does cause damage. Massachusetts SJC… Read More »HVAC Fail not Due to Maker of Coil
litigation
Joint Corporations Enjoy Comp Immunity
Workers who collect worker’s comp payouts lose the right to sue their employer. Any other party who could be legally liable remains open to suit.… Read More »Joint Corporations Enjoy Comp Immunity
Construction insurance – expensive because it is incomprehensible
Additional insured status useless due to anti-indemnity laws MAXIM CRANE WORKS, LP v. ZURICH AMERICAN INSURANCE COMPANY, Dist. Court, SD Texas 2019 FACTS Crane lessor… Read More »Construction insurance – expensive because it is incomprehensible
Interesting Questions Deflected by Local Court to be Decided by Forum Identified in Agreement
PARTIES AND FACTS Wegmans grocery store was constructing a store in Burlington Massachusetts. It hired two companies to work on the project. Aerotek contracted with… Read More »Interesting Questions Deflected by Local Court to be Decided by Forum Identified in Agreement
INSURER OWES NO ATTORNEY’S FEES ON VERDICT ON UNCOVERED CLAIMS
Homeowner/ Contractor Insurer dispute goes 15 years. Styller v National Fire & Marine Insurance Company Mass App Ct 2019 PARTIES – Homeowner Styller hired contractor… Read More »INSURER OWES NO ATTORNEY’S FEES ON VERDICT ON UNCOVERED CLAIMS
Updated Pay Rates Apply on Mass Public Jobs – Whether the employer gets the update memo or not.
Mass SJC 2019 case Donis v American Waste Services LLC Parties Employee = Donis Employer = AWS LLC Public Entities = Towns State Department of… Read More »Updated Pay Rates Apply on Mass Public Jobs – Whether the employer gets the update memo or not.
Lack of Respect for Corporate Formalities Puts Company on the Hook for Guarantee
Mass corporation liable for unauthorized guarantee due to shoddy corporate paperwork and inaction after learning. People’s United Bank v B&B Fire Protection Inc. Mass App… Read More »Lack of Respect for Corporate Formalities Puts Company on the Hook for Guarantee
Bad Faith Refusal to Return Security Deposit Costs Commercial Landlord
Five-year litigation over $16,000 ends with upholding of triple damages and attorney’s fees award. For most kinds of cases, attorneys’ fees are not a part… Read More »Bad Faith Refusal to Return Security Deposit Costs Commercial Landlord
Contractual risk transfer – this time it worked.
The insurance requirements worked in this 2018 North Carolina case, in forcing the lower tier sub’s primary general liability and umbrella insurers to pay for… Read More »Contractual risk transfer – this time it worked.
Corporate Agent Wrongdoing – How Far Up the Chain Does Responsibility for Intentional Acts Climb?
Only the wrongful actions of agents at senior levels of corporations will be imputed to the corporation for purposes of the rule that any recovery… Read More »Corporate Agent Wrongdoing – How Far Up the Chain Does Responsibility for Intentional Acts Climb?