An insurer erred in denying workers’ compensation benefits to a utility worker who contracted COVID-19 while on the job, a job the state had deemed as “essential” during the pandemic. The insurer had denied the claim on the basis that …
The Massachusetts seven-year statute of repose for medical malpractice claims does not shield professionals against separate acts of negligent treatment that allegedly occurred in the years after a disputed medical event more than seven years ago. The ruling came in …
The Massachusetts Supreme Judicial Court has upheld a $20 million jury award in a medical malpractice case that found three medical professionals caused a patient to have an above-the-knee amputation of his leg. In 2023, a jury found negligence on …
The highest court in Massachusetts has ruled that rainwater accumulation on roofs of buildings does not constitute “surface waters” within the meaning of “flood” in property insurance policies. The court found that the term “surface waters” in policies is ambiguous …
Uber can require that a passenger seriously injured in a crash involving an Uber driver go to arbitration over his $63 million damages claim without a trial, the highest court in Massachusetts has ruled, overturning a lower court. The Massachusetts …
In a ruling against an upscale restaurant chain, a Massachusetts Appeals Court has followed the recipe the state’s high court set forth in 2022 in ruling that the COVID-19 virus does not trigger business interruption insurance because it does not …
Do “surface waters” covered by property flood insurance include rainwater that accumulated on an enclosed roof one or more stories above the ground? The landlord and operator of a suburban Massachusetts hospital disagree with their insurers on the answer to …
A driver who suffers a sudden medical emergency and crashes into another vehicle may be held liable for the accident even if never diagnosed with the condition or never advised not to drive. If the driver knew or should have …
An eye surgeon’s English language mandatory arbitration agreement with a patient is valid and enforceable where the patient claimed if it had been in his first language, Spanish, he would not have signed it. The Massachusetts Supreme Judicial Court has …
A commercial landlord is not liable for a “targeted, execution-style shooting” that took place on her property as it was not reasonably foreseeable and no reasonable security measures could have prevented it, the Massachusetts Supreme Judicial Court has ruled. The …
