On April 19, 2016 the United States Circuit Court of Appeals for the First Circuit affirmed a decision in favor of the Herbert H. Landy Insurance Agency, Inc. (“Landy Agency”), of 75 Second Avenue, Needham, against the Utica Mutual Insurance Company “Utica”). The Court’s ruling found that Utica had a duty to defend a suit […]
MA Law | Insurance Coverage Cases
Statutory Payment Bond Ruled To Require Claim For Payment
On March 14, 2016 the Massachusetts Appeals Court decided the case of N-Tek Construction Services, Inc. (“N-Tek”) v. The Hartford Fire Insurance Company. This case decided that under a public contract an electronic mail message given by a construction manager unpaid by a subcontractor did not trip a right to payment under the general contractor’s statutory […]
What You Need to Know about the E&O Risk of Your Electronic Signature
Most people think of a “contract” as a paper document signed by both parties to be charged. Since the advent of the electronic signature, however, that no longer applies in all cases. The purpose of this article is to alert agencies to a possible risk arising out of electronic signatures in making an inadvertent contract […]
United States District Court Holds That Insurance Agent Is An Independent Contractor
February 1, 2016 – This is a guest post from Nina Kallen who writes a blog about insurance coverage issues in Massachusetts.
What You Need To Know About The Employee Records Statute
January 4, 2016 – Massachusetts General Law c. 149, § 52C has a broad definition of “personnel records”.