A federal appellate court is asking Massachusetts’ top court to decide whether an insurance policy sublimit for damage caused by “surface waters” applies to damage from water that pooled on a parapet roof and second-floor courtyard during a rainstorm. The …
A driver who suffers a sudden medical emergency and crashes into another vehicle may be held liable for the accident even if never diagnosed with the condition or never advised not to drive. If the driver knew or should have …
A commercial landlord is not liable for a “targeted, execution-style shooting” that took place on her property as it was not reasonably foreseeable and no reasonable security measures could have prevented it, the Massachusetts Supreme Judicial Court has ruled. The …
If a person’s right to bring a personal injury lawsuit has expired by the time of his or her death, the person’s estate is barred from bringing a wrongful death suit in Massachusetts for the benefit of the beneficiaries. The …
A Massachusetts town is immune from liability for the death of an ATV rider who was killed after striking a wire cable strung across a right of way on town land by the owner of the adjacent private property. The …
Photos of damaged vehicles are relevant to the likelihood and degree of personal injury in a car accident case and they are admissible at trial, even when no expert witnesses are around to testify about them, the Massachusetts high court …
An act of physical abuse is not excluded by an abuse and molestation exclusion in a homeowners insurance policy unless the act involves “an imbalance or misuse of power in addition to being physically harmful,” the Massachusetts Supreme Judicial Court …
A Massachusetts hospital has been denied its insurance claim for Covid-19 related costs and lost revenues under business interruption and disease contamination provisions of its property insurance policies. U.S. District Judge Nathaniel M. Gorton of the federal court in Boston …
Ken’s Foods would likely have filed a $10 million business-interruption claim had it not spent $2 million to upgrade its wastewater treatment system, the company’s lawyer says. That doesn’t mean its insurer has a common-law duty to reimburse the company …
The Massachusetts Supreme Judicial Court has ruled that attorney’s fees from a consumer protection lawsuit are not covered as part of bodily injury damages under a business liability policy, reversing a lower court that had found they were covered. Attorney’s …