March 17, 2023
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 …
January 23, 2023
A grocery chain is entitled to recoup costs it incurred defending an automatic door installer against negligence claims brought against them both, but it is not entitled to recover the costs it incurred defending itself under the terms of the …
July 29, 2022
On-demand delivery drivers for Grubhub are subject to the company’s mandatory arbitration clauses in their contracts, the Massachusetts Supreme Judicial Court has ruled in overturning a lower court that found the drivers were entitled to an exemption under federal law. …
July 7, 2022
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 …
April 21, 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 …
April 5, 2022
Massachusetts law requires that an employer who is late with wage payments to a fired employee must pay three times the late wages and benefits in damages, not just treble interest, the state’s high court has said. A trial judge …
March 1, 2022
The U.S. Supreme Court has denied a petition by a Massachusetts Christian college seeking a religious “ministerial exception” to help it avoid a discrimination lawsuit brought by a professor denied a promotion. However, the denial of certiorari, due to a …
August 24, 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 20, 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 by homeowners Douglas and Kristen …
March 6, 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 …