Massachusetts Supreme Judicial Court News

Mass. Supreme Asked if Insurer Must Reimburse Costs that Prevented Larger Claim

Ken’s Foods says it spared its insurer a potential $10 million pollution claim by spending more than $2 million on mitigation costs. It wants that money back. Steadfast Insurance Co. refuses to pay, saying that the policy it issued to …

Mass. Finds Virus Caused No Physical Loss, the 1st State High Court to Rule

The Massachusetts Supreme Judicial Court, in the first state high court ruling on the question, has sided with an insurer and an insurance agency in finding that the COVID-19 losses claimed by three restaurants were not “direct physical loss of …

Mass. High Court Rules Auto Insurers Must Pay For Inherent Diminished Value

Anybody who’s seen a Carfax commercial may suspect that a vehicle that’s been involved in a crash is worth less even after it is repaired. Massachusetts auto insurers are now required to compensate third-party claimants for those losses. The state’s …

Courts in N.Y., N.H. Rule Workers’ Comp Should Cover Marijuana Costs for Injured Workers

Courts in New York and New Hampshire have joined jurists in New Jersey in ruling that the cost of medical marijuana should be covered by state workers’ compensation systems. The New Hampshire Supreme Court on Tuesday overturned a decision by …

Mass. Holds the Line on Reimbursement for Marijuana, but Some States Pushing Further

Massachusetts’ highest court ruled Tuesday that a workers’ compensation insurer cannot be required to reimburse a claimant for the cost of marijuana he used to curb chronic pain from a workplace accident, as long as the substance remains illegal under …

‘Physical Abuse’ Exclusion Doesn’t Bar Claim Stemming From Fight Over Fish

A policy that excludes damages caused by “physical abuse” does not take a property insurer off the hook for a claim by an insured who agreed to pay $500,000 to settle a lawsuit stemming from injuries caused by an alleged …

Mass. High Court Upholds Consent-to-Settle Clause in Malpractice Policy

Massachusetts’ highest court on Monday rejected arguments that consent-to-settle clauses in professional malpractice insurance policies violate public policy. The Supreme Judicial Court sided with CNA subsidiary Continental Casualty Co. in an engineering malpractice lawsuit brought against homeowners Douglas and Kristen …

Mass. High Court Applies 6-Year Limit to Asbestos Illness Claims

The Massachusetts Supreme Judicial Court has ruled that a statute of repose barring many construction-related personal injury claims after a time limit of six years also applies to claims involving diseases with extended latency periods, such as asbestos-related illnesses. The …

Mass. SJC: Independent Contractor Statute Doesn’t Apply in Workers’ Comp Case

The Massachusetts Supreme Judicial Court (SJC) has ruled the state’s independent contractor statute does not determine whether a claimant is an employee eligible for workers’ compensation benefits in a case that has led to questions about worker misclassification. “Worker misclassification …

Massachusetts Court Says Teens Not Liable Under Social Host Law

The highest court in Massachusetts ruled Tuesday that teenagers who host underage drinking parties but do not supply alcohol cannot be held civilly liable if one of their guests gets hurt. The Supreme Judicial Court ruled in a case involving …