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MA Law | Insurance Coverage Cases

Landy Agency Wins E&O Suit against Utica Mutual over Unfair Competition Exclusion

May 10, 2016 by Owen Gallagher

Agency Checklists, MA Insurance News, Mass. Insurance News

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 […]

Statutory Payment Bond Ruled To Require Claim For Payment

March 14, 2016 by Owen Gallagher

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

February 8, 2016 by Owen Gallagher

Agency Checklists, MA Insurance News, Mass. Insurance News

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 by Nina Kallen

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 5, 2016 by Owen Gallagher

Massagent Survey Results

January 4, 2016 – Massachusetts General Law c. 149, § 52C has a broad definition of “personnel records”.

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