Massachusetts Supreme Judicial Court News

Physical Abuse Must Involve ‘Imbalance or Misuse of Power’ for Exclusion: 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 …

No, a Purchase Order Is Not Like Insurance, State High Court Says in Reversal

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 …

Grubhub Drivers Are Not Exempt From Arbitration, Massachusetts High Court Rules

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. …

Massachusetts High Court Rules Attorney’s Fees Are Not Part of Insured Damages

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 …

Massachusetts: First State Top Court Gives Industry a Win in Covid-19 Claims Case

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 …

Massachusetts Firms Owe Treble Damages for Delayed Wages, State’s High Court Says

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 …

Supreme Court Denies Christian College’s Ministerial Exception From Lawsuit… for Now

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 …

Property Insurer Not Off the Hook for 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 by homeowners Douglas and Kristen …

Mass. High Court Rules Statute of Repose Applies to Asbestos-Related 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 …