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image credit: moolanomy Contractor Not Covered Under Subcontractor’s Policy For Claim By Subcontractor’s Employee. The rules for interpreting a contract, including an insurance policy, require a court to give meaning and effect to every word whenever practicable.  That principle is illustrated by a recent case, Phoenix Baystate Construction Co., Inc. v. First Financial Insurance Company, Massachusetts Appeals Court No. 19-P-743 (Memorandum and Order Pursuant to Rule 1:28, May 18, 2020), in which the use…
image credit: moolanomy Contractor Not Covered Under Subcontractor’s Policy For Claim By Subcontractor’s Employee. The rules for interpreting a contract, including an insurance policy, require a court to give meaning and effect to every word whenever practicable.  That principle is illustrated by a recent case, Phoenix Baystate Construction Co., Inc. v. First Financial Insurance Company, Massachusetts Appeals Court No. 19-P-743 (Memorandum and Order Pursuant to Rule 1:28, May 18, 2020), in which the use…
Image by Free-Photos from Pixabay. Wading into a dispute about the Clean Water Act’s applicability to groundwater discharges, the Supreme Court handed environmentalists a somewhat surprising victory in County of Maui v. Hawaii Wildlife Fund.  However, the lower courts, EPA, and the regulated community will have many opportunities to shape the significance of the decision. Decision Summary:  The majority reaches a compromise on the regulation of groundwater discharges. The County of Maui’s wastewater treatment…
Image by Free-Photos from Pixabay. Wading into a dispute about the Clean Water Act’s applicability to groundwater discharges, the Supreme Court handed environmentalists a somewhat surprising victory in County of Maui v. Hawaii Wildlife Fund.  However, the lower courts, EPA, and the regulated community will have many opportunities to shape the significance of the decision. Decision Summary:  The majority reaches a compromise on the regulation of groundwater discharges. The County of Maui’s wastewater treatment…
On May 1, Governor Baker issued an order mandating that people wear face coverings in public.  The order, available here, is the governor’s latest measure responding to the COVID-19 Pandemic.  The governor is acting pursuant to his authority under the public health statute (G.L. c. 17) and the Massachusetts Civil Defense Act (Chapter 639 of the Acts of 1950). Starting May 6, the order requires anyone in a public place who cannot “maintain a…
On May 1, Governor Baker issued an order mandating that people wear face coverings in public.  The order, available here, is the governor’s latest measure responding to the COVID-19 Pandemic.  The governor is acting pursuant to his authority under the public health statute (G.L. c. 17) and the Massachusetts Civil Defense Act (Chapter 639 of the Acts of 1950). Starting May 6, the order requires anyone in a public place who cannot “maintain a…
With the closure of non-essential businesses, stay-at-home orders, and social distancing in light of the Covid-19 pandemic, the challenges and risks associated with meeting a notary in person has become a significant obstacle in many transactions – until now.  During the Covid-19 state of emergency, documents may be notarized “remotely” under the emergency measure signed by Governor Baker on April 27, 2020: An Act Providing for Virtual Notarization to Address Challenges Related to Covid-19, Chapter
With the closure of non-essential businesses, stay-at-home orders, and social distancing in light of the Covid-19 pandemic, the challenges and risks associated with meeting a notary in person has become a significant obstacle in many transactions – until now.  During the Covid-19 state of emergency, documents may be notarized “remotely” under the emergency measure signed by Governor Baker on April 27, 2020: An Act Providing for Virtual Notarization to Address Challenges Related to Covid-19, Chapter