This is the first of a two part Blogpost, where Massachusettts Personal Injury Attorney, the attorney, reviews and analyzes a recent First Circuit U.S. Court of Appeals decision. The case involves an employee disability claim and issues pertaining to a perceived conflict of interest. In this case, the U.S. First Circuit Court of…
In this two part Blogpost, Boston Accident Lawyer, the attorney, reviews and analyzes a First Circuit U.S. Court of Appeals decision, which considers insurance coverage issues for an accident involving a man whose arm was severed in a wool picking machine, while engaged as a contract worker for a Western Massachusetts recycling…
This Blogpost by Boston Personal Injury and Accident Laywer, the attorney, anaylzes a battle between insurers over costs of construction accident. Following a construction site accident where an insurer of a subcontractor refused to defend the general contractor, who then successfully filed a declaratory action to force the subcontractor’s insurer to…
(This is the second post of a blog, from Boston Personal Injury Lawyer, the attorney, which considers protections afforded under a Massachusetts statute intended to protect non-profit entities from liability from accidental personal injury) PART TWO – GL C. 231, S. 85V CONSIDERED General Laws c. 231, § 85V limits the liability of…
Accidents often arise out of situtions where someone’s conduct causes injury to another, and it appears that the act causing injury was carried out intentionally. The most obvious type of situation is an assault and battery. Someone hits you in the face with their fist and causes injury, requiring medical…
PILGRIM INSURANCE COMPANY vs. MOLARD No. 07-P-1676, December 16, 2008. In a two car motor vehicle accident where a passenger in a taxi cab sustained injuries, which did not become apparent until after she had returned home, and thereafter, despite reasonable efforts, was not able to identify the operator…
Following an accident resulting in personal injuries, the injured party inevitably will come into contact with representatives of one or more insurance companies, either their own or the company that insures the party responsible for the accident. There will be an adjuster or adjusters who want to ask you questions,…
WEST LAKE ACADEMY v. THE TRAVELERS INDEMNITY COMPANY et al. U.S. Court of Appeals, 1st Circuit, Nos. 07-2190, 07-2204 The U.S. Court of Appeals for the First Circuit has upheld a decision of the District Court that an general commercial insurance policy issued to a mental health care provider did…
The attorney is a Boston civil trial attorney licensed to practice in Massachusetts and New York. He has been litigating in state and federal courts in Massachusetts, New York, New Hampshire, Rhode Island and Vermont for nearly thirty years. He graduated from Yale University in 1976 and from University of…
O’CONNOR vs. MERRIMACK MUTUAL FIRE INSURANCE COMPANY No. 06-P-1750.November 24, 2008 After a fire destroyed a commercial building, a dispute arose between the insurer and the insured concerning the methodology used by the insurer to value the loss. The insured then brought an action against the insurer asserting numerous tort…