Did Water that Pooled on Roof Cause ‘Flood’ Damage? Mass. High Court Asked to Decide December 21, 2023 A federal appellate court is asking Massachusetts’ top court to decide whether an insurance policy sublimit for damage caused by...
Mass. Court: Drowsy Driver Can Be Held Liable for Crash if Condition Was Foreseeable October 19, 2023 By Andrew G. Simpson A driver who suffers a sudden medical emergency and crashes into another vehicle may be held liable for the accident...
Landlord Not Liable for Murder at Nightclub, Mass. Supreme Court Says August 17, 2023 By Andrew G. Simpson A commercial landlord is not liable for a “targeted, execution-style shooting” that took place on her property as it was...
Massachusetts High Court Affirms Limit on Wrongful Death Suits in Tobacco Ruling July 7, 2023 By Andrew G. Simpson If a person’s right to bring a personal injury lawsuit has expired by the time of his or her death,...
Massachusetts Town Not Liable for ATV Rider’s Death on Town Land June 27, 2023 By Insurance Journal staff A Massachusetts town is immune from liability for the death of an ATV rider who was killed after striking a...
How Much Is a Picture Worth? Let Jury Decide in Personal Injury Claim, Says Court March 22, 2023 By Andrew G. Simpson Photos of damaged vehicles are relevant to the likelihood and degree of personal injury in a car accident case and...
Mass. Supreme: No ‘Imbalance of Power’ Means Beating Wasn’t Abuse March 17, 2023 By Andrew G. Simpson An act of physical abuse is not excluded by an abuse and molestation exclusion in a homeowners insurance policy unless...
Federal Court Denies Massachusetts Hospital’s Covid-19 Business Interruption Claim March 1, 2023 By Andrew G. Simpson A Massachusetts hospital has been denied its insurance claim for Covid-19 related costs and lost revenues under business interruption and...
No Coverage for Food Plant that Paid $2M to Avoid Shutdown and Potential Business-Interruption Claim January 9, 2023 By Jim Sams Ken’s Foods would likely have filed a $10 million business-interruption claim had it not spent $2 million to upgrade its...
Mass. Supreme Rules Attorney Fees are Not Part of Insured Damages July 8, 2022 By Andrew G. Simpson The Massachusetts Supreme Judicial Court has ruled that attorney’s fees from a consumer protection lawsuit are not covered as part...