common law News

Massachusetts High Court: Policy Terms, Not Common Law, Control in Loss Prevention Cost Claim

In a pollution liability case, the Massachusetts high court has determined that an insurer does not have a common law duty to cover the expenses that a business incurred in its efforts to prevent an imminent covered loss. Salad dressing …

Policy Doesn’t Obligate Insurer to Cover Prevention Costs. Should Common Law?

A salad dressing maker is seeking coverage from its insurer for costs it incurred in preventing a shutdown of one of its processing plants due to a pollution event. Massachusetts-based Ken’s Foods maintains its insurer has a common law duty …