Wegmans Food Markets entered into two contracts relevant to an accident at a supermarket under construction in Burlington, Massachusetts. The first contract was a staffing agreement with Aerotek, under which Aerotek provided Thomas Story to Wegmans as a construction supervisor
Insurance Coverage Law in Massachusetts
The blog "Insurance Coverage Law in Massachusetts," published by attorney Nina E. Kallen, focuses on legal issues related to insurance coverage and bad faith disputes within Massachusetts. It covers topics such as litigation strategies for insurance claims, interpretation of insurance policies, statutory claims under Massachusetts General Laws Chapter 93A, allocation of liability among insurers, and court decisions affecting insurance coverage. The blog also addresses practical guidance for attorneys handling insurance coverage cases, including brief-writing and case management. It serves as a resource for policyholders, insurers, and legal professionals interested in Massachusetts insurance law and civil litigation involving insurance matters.
Latest from Insurance Coverage Law in Massachusetts - Page 10
You should take good notes after a loss
By Nina Kallen
As difficult as it is when you have lost your house to a fire or been seriously injured in a car accident, taking notes about what happened and your interactions with the insurer is worth the effort. This blog post…
Massachusetts Appeals Court holds that “your work” exclusion does not exclude damage to two layers of floor where insured contractor installed third layer
By Nina Kallen
Dacon Corporation was the general contractor on the construction of Beverly Hospital, owned by Northeast Hospital Corporation (NHC). The first floor of the hospital consisted of three layers: a bottom vapor barrier, a concrete slab, and a top layer of tile…
First Circuit finds no coverage under personal and advertising injury for manufacturer’s use of trademark similar to competitor’s trademark
By Nina Kallen
Sterngold Dental manufactures and sells dental products. Intra-Lock International alleged that it had infringed Intra-Lock’s trademark (literally the mark itself) on a product called OSSEAN, by using a nearly identical marks, OSSEO and OSSEOS, for a nearly identical product. Sterngold’s…
First Circuit interprets broad specific litgation exclusion
By Nina Kallen
UBS-PR was an underwriter for Puerto Rican municipal bonds. Its related company, UBS-Trust, managed a type of stock fund called closed-end funds, or CEFs. (Together, the two companies are called UBS.) In 2009 UBS-PR was the subject of an investigation by…
US District Court holds no duty to defend contractor for claim of damage to foundation of building despite some evidence that foundation was outside contractor’s scope of work
By Nina Kallen
Collette Synchantha alleged that she had hired Mills Construction Company to rebuild her house after it was damaged by a fire, and that there were problems during construction including damage to the foundation and various construction defects.Mills’ general liability insurer,…
U.S. District Court finds insurer’s failure to settle within policy limits was not a breach of duty
By Nina Kallen
Andrew Gallotto, a boiler repairman, was severely injured when he was servicing a boiler at a building owned by Parkview Condominium Trust. He sued Parkview. Parkview’s primary insurer, Granite State Insurance Company, retained insurance defense counsel to represent Parkview. The Granite…
U.S. District Court awards $5.4 million in bad faith settlement practices claim arising from car accident after minor was served alcohol at her place of employment
By Nina Kallen
Kailee Higgins, a 20 year old woman, worked as an exotic dancer at a nightclub in Worcester called Centerfolds II, owned by P.J.D. Entertainment of Worcester, Inc. In November, 2010, she completed a shift at 2 AM. Within minutes of…
First Circuit rules that insurers can pay brokers commissions for annuities purchases as part of structured settlement agreements
By Nina Kallen
Norma Ezell, Leonard Whitley, and Erica Biddings settled wrongful death and personal injury claims in exchange for structured settlement agreements with the defendants’ insurer, Lexington Insurance Company. The settlements provided that Lexington would purchase annuities from which the claimants would…
Massachusetts Appeals Court holds that Supplementary Payments Provision does not include coverage for award of attorney’s fees or most costs
By Nina Kallen
When I started practicing law I was puzzled by Massachusetts Rule of Civil Procedure 54(d), which provides that after judgment “costs shall be allowed as of course to the prevailing party.” It struck me as something that every prevailing party…