176D Train
The “Objective” Standard of Reasonability and Hindsight Bias Certain principles are routinely stated in cases analyzing whether an insurer has failed to make a reasonable offer of settlement when liability became reasonably clear. First, there is indisputably such an obligation. M.G.L. c. 176D, § 3(9)(f). Second, the determination of when liability is reasonably clear encompasses […]
176D Train
Do you need to send another Chapter 93A demand letter? In consumer actions for unfair trade practices, the Massachusetts statute requires a presuit demand letter before asserting the claim. But what if you have sent a presuit demand letter, further shenanigans ensue and you want to amend your complaint to add more claims? In a […]
OCM B Line
Calling your Former Lawyer as an Expert Witness Waives the Attorney-Client Privilege If you choose to call your former lawyer as an expert witness, you should not be surprised if the court holds you have waived the attorney-client privilege, at least with regard to any prior communications about the topics on which they will testify. […]
176D Train
Does Your General Liability Policy Cover More Than You Might Think? Many business owners assume their Commercial General Liability (CGL) policy only covers “slip and fall” type injuries. But the standard form CGL policy also offers coverage for a variety of claims under what’s called “personal and advertising injury” coverage (often referred to as “advertising […]
Are Your Client’s AI Queries Privileged?
Are Your Client’s AI Queries Privileged? Having clients run AI queries about their case and make suggestions or ask follow up questions is familiar terrain for most attorneys these days. But are those queries and answers privileged? No, says prominent federal judge Jed Rakoff of the Southern District of New York. In United States v. […]
176D Train: All for One, One for All
If you or your business are on the wrong end of a law suit, you might keep the motto of the Three Musketeers in mind when you report the claim to your insurance company. Under Massachusetts law, if you have an insurance policy that covers any claim in the policy, the insurer has to defend […]
You Can’t Refuse to Document a Claim and Cry Bad Faith at the Same Time
You Can’t Refuse to Document a Claim and Cry Bad Faith at the Same Time A recent decision from the Massachusetts Court of Appeals illustrates a point that plaintiffs get wrong all too often – you can’t refuse to document your claim and cry bad faith when the insurance company does not make a settlement […]
Employers Beware – Last Day Must be Pay Day for Terminated Employee
Massachusetts employers beware: when you terminate an employee, you must pay the employee in full on the employee’s last day of work for all accrued wages, including any accrued vacation pay. Anything less will subject you to triple damages for anything you fail to pay plus attorney’s fees. This past April, the Massachusetts Supreme Judicial […]
Employers May Bring Chapter 93A Claims Against Former Employees Who Misappropriate Materials During Employment
The Massachusetts Supreme Judicial Court (“SJC”) recently made clear that Chapter 93A applies to employees who misappropriate their employer’s proprietary information during their employment and then use that information to their benefit in the marketplace. In Governo Law Firm LLC v. Bergeron, the plaintiff, Governo Law Firm LLC (“GLF”), spent over twenty years amassing an […]
Covid-19 Coronavirus: Can You Claim Business Income Loss Under Your Insurance Policy?
Is your business suffering due to the Covid-19 Coronavirus Pandemic? Request your free insurance coverage review for losses due to the coronavirus pandemic. On March 23, 2020, Massachusetts Governor Charlie Baker ordered all non-essential businesses in the Commonwealth to close their physical offices and imposed other limitations on businesses deemed essential, such as restaurants, which […]
