by Charles F. Rourke, II., Partner, Sloane and Walsh, LLP A client’s post-accident admission of liability can create insurmountable obstacles even in cases where liability is weak. Whether to diffuse a distressful situation, placate an excitable party, or out of a...
In Michael Merullo, et al v. Amica Mutual Insurance Company, the United States District Court for the District of Massachusetts held that the 2016 Massachusetts Standard Automobile Policy explicitly excluded coverage for third party claims on inherent diminished value...
by Emily Zwerman For those facing coverage issues arising from damage caused by cold weather and frozen pipe bursts, this article will provide an analysis of common reasonable care to maintain heat provisions, highlighting principal cases addressing the issue across...
by Laura Meyer Gregory and Alexandra B. Howard, Sloane and Walsh, LLP Virtually all states issued various emergency orders to address safety concerns related to the COVID-19 pandemic throughout the first half of 2020, whether executive, legislative, or judicial in...
By Laura Meyer Gregory, Esq., CPCU, and Shari E. Belitz, Esq. The arrival of COVID-19 has brought so many changes for all of us and more changes are likely to come in so many ways. The insurance and legal industries have been significantly impacted and continue to be...
by Laura Meyer Gregory, Sloane and Walsh LLP One of the most talked about insurance coverage issues relating to COVID-19 is whether there is coverage for business income loss a/k/a business interruption. Numerous lawsuits have been filed across the country, many of...
Laura Meyer Gregory answers this question in the Spring 2020 (55:2) Issue of Tort Trial & Insurance Practice Law Journal See Full Article Laura Meyer Gregory is a partner of Sloane & Walsh LLP in Boston. A member of the firm’s insurance group, her practice...
Crumbling Connecticut Concrete: What Does Collapse Mean? By Laura Meyer Gregory In November 2019, the Connecticut Supreme Court issued decisions in three cases addressing insurance coverage for foundations that were failing because of defective concrete: Karas et al....
Authored by Sloane and Walsh, LLP attorneys Tony Antonellis, Brendan Labbe and Emma A. Coppola. With the coronavirus spreading throughout the nation, and public and governmental precautions mounting, many businesses in the hospitality and other industries are...
By Laura Meyer Gregory and Devon C. Bodey State legalization of marijuana is rising—33 states and the District of Columbia have legalized marijuana in some form. However, marijuana continues to be illegal under federal law. This trend is challenging for both insur-ers...
Authored by: Brendan L. Labbe, Esq., Sloane and Walsh, LLP Blabbe@sloanewalsh.com857-321-7091 A string of recent court decisions across the nation have addressed the prominent issue of matching in first-party property insurance claims. In addition to...
by Laura Meyer Gregory, Sloane and Walsh, LLP Massachusetts’ Highest Court will decide whether an insurer violated statutory requirements that an insurer settle claims in which liability has become reasonably clear, when the policy contains a provision requiring the...
by Laura Meyer Gregory and John P. Ryan, Sloane and Walsh, LLP On October 1, 2019, the Supreme Judicial Court issued a decision in Commerce Insurance Company v. Justina M. Szafarowicz, et al. addressing the following issues in the context of a motor vehicle insurer...
Introduction: What is the Broad Evidence Rule? Actual cash value (“ACV”) is most commonly determined by calculating the replacement cost value, less depreciation. However, there are other methods of calculation that have been adopted by courts, such as fair...
By John A. Donovan, III and Matthew D. Rush DIMINUTION IN MARKET VALUE: The General Rule In Massachusetts, the general rule for measuring damage to real property caused by tortious injury is diminution in market value or the cost of repair. See Hopkins v. American...
Introduction While matters of first-party insurance litigation typically concern the right of the named insured to payment, the existence of multiple insureds on a single policy can complicate a coverage analysis, particularly when one of the insureds commits an act...
