June 9, 2022
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 …
April 22, 2022
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 …
October 20, 2021
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 …
March 2, 2021
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 …
October 29, 2020
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 …
August 21, 2020
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 …
December 18, 2019
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 …
March 7, 2019
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 …
May 21, 2018
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 …
February 24, 2012
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 …