March 01, 2016

SJC Rejects Selective Tender as a Defense to Equitable Contribution

Equitable contribution is a legal principle designed to prevent the unfairness which would otherwise result where one insurer fulfills its policy obligations to cover a loss but coinsurers do not.
February 01, 2016

RI Updates Rules About Depositions and Independent Medical Examinations

In Plante v. Stack, 109 A.3d 846 (R.I. 2015), the Rhode Island Supreme Court issued an opinion reaffirming a prior decision that attorneys may not instruct a witness not to answer a question during a deposition unless the question calls for information that is privileged.
January 01, 2016

SJC Finds Insurer Has Duty to Defend Despite Receiving No Notice of Lawsuit from Policyholder

The Supreme Judicial Court recently upheld a $2.25 million award against Zurich American Insurance Company for negligently failing to defend an insured policyholder against third-party beneficiaries/claimants.
December 01, 2015

SJC Permits No-Tipping Policy

The Massachusetts Supreme Judicial Court (SJC) recently held in Meshna v. Scrivanos, 471 Mass. 169 (2015), that Massachusetts law does not prohibit employers from adopting a no-tipping policy.
November 01, 2015

Second Circuit’s Endurance Decision Underscores Importance Of Reviewing Additional Insured Coverage

It is common practice for a general contractor to require subcontractors to carry liability insurance providing it with coverage in the event of a workplace accident involving a subcontractor employee.