Timothy Ross was exposed to asbestos from 1965 to 1977 while employed by NEIC. He developed symptoms related to the exposure in 2012, and died from mesothelioma in 2013. After Ross’s death, his widow sued NEIC. Liberty Mutual insured NEIC from 1973 to 1983. It asserted that a continuous trigger and pro rata allocation theory applied. Under a continuous trigger theory,
United States District Court for the District of Massachusetts finds coverage for water loss resulting from roof drain system, holding that policy itself creates ambiguity over the meaning of "drain"
I asked my assistant Nikki to read a draft of this post and make suggestions, and she was like, um, is there any way that you could make this post . . . interesting? Maybe start with a joke or a riddle as a hook? So we both took to AI to find some jokes about roof drains. This was
Massachusetts Appeals Court gives sensible interpretation of contractual interest statute
Certain Underwrites of Lloyd’s London issued a builder’s risk policy to Historic Round Hill Summit covering two buildings, Rogers Hall and Hubbard Hall, that Historic had purchased to renovate. PeoplesBank, which held an mortgage on the property, was an additional insured under a mortgage holder endorsement. A fire destroyed Rogers Hall and caused extensive damage to Hubbard Hall. Lloyd’s asserted that
Advice for people who are facing property losses in the Los Angeles fires: Hire a public adjuster
I recently saw on a
Facebook group I belong to advice for victims of the California fires and how
they can maximize their insurance claims. The advice was dreadful. It included,
“Make from memory the most detailed list you can of every item in your house
that was destroyed, and its value.”
This is terrible
advice.
One of my
specialties
United States District Court for District of Massachusetts holds that insurer breached ch. 93A by denying fire coverage for new homeowner because she had not yet moved into her house
Fire at house homeowner had just purchased and not yet moved intoAwilda Pimental closed on a new home on June 28, 2022. She purchased a homeowner’s policy from AmGuard Insurance Company that went into effect on the closing date, that included coverage for fire losses.On July 22, 2022, before Pimental moved into her house, a fire significantly damaged it.
60 Minutes report on fraud by Florida homeowners insurers following Hurricane Ian two years ago
Here’s the link:
Supreme Judicial Court of Massachusetts holds that term "surface waters" in policy is ambiguous, so does not apply to water on surface of a roof
Sure, Steward Health Care has created a public health care emergency, but at least it has prevailed in an insurance coverage dispute. A storm in June 2020 caused an accumulation of rainwater on a rooftop courtyard and on roofs of Norwood Hospital. The rainwater seeped into the interior of the hospital buildings, causing significant damage.Norwood Hospital’s owner, Medical Properties Trust,
Even Whitey Bulger's crimes end in insurance coverage disputes: Town of Braintree sues multiple insurance carriers for coverage for wrongful conviction claim by man framed by Bulger
On May 24, 2024, the Town of Braintree filed a lawsuit in Suffolk County Superior Court against fifteen insurers, as well as insurance companies Does 1 though 50, for refusing to defend and indemnify it in a massive wrongful conviction lawsuit.The Town alleges that the insurers have each either refused to acknowledge or outright denied their contractual obligations under liability
Insurance Claims for Damage to Buildings in Massachusetts (my new brochure)
THE LIFECYCLE OF A MASSACHUSETTS PROPERTY DAMAGE CLAIM
- The property damage occurs.
- The insured submits the claim to the
insurer. - The insured chooses and retains a public
adjuster.