May 01, 2016

SJC Addresses Dram Shop Affidavit Standard

On April 28, 2016, the Supreme Judicial Court addressed the standard of review for the affidavit that a plaintiff must file along with the complaint in a “dram shop” lawsuit in compliance with G.L. c. 231, § 60J.  In Bayless v. TTS Trio Corp, (Appeal No.
April 01, 2016

SJC Rules That Workers’ Compensation Lien Does Not Apply To Pain And Suffering

The Massachusetts Supreme Judicial Court recently held that a workers’ compensation insurer’s lien does not extend to damages allocated to an employee’s pain and suffering as part of a third party settlement. The decision in DiCarlo vs. Suffolk Construction.
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.