Haverty&Feeney Insurance Defense Trial Attorneys
SIGN UP FOR OUR MONTHLY E-NEWSLETTER > > >
WATCH HAVERTY FEENEY ARGUE BEFORE THE SUPREME JUDICIAL COURT
Bishop v TES Realty Trust, 459 Mass 9 (2011)
Norfolk & Dedham Mutual Fire Ins. Co. v Morrison, 456 Mass 463 (2010)
May, 2013 SJC WEIGHS IN ON GUN STORAGE LAW
Feb, 2013 SJC WEIGHS IN ON GUN STORAGE LAW
May, 2012 Changes to CORI Statute – No Effect on Claims Handling
February, 2012 BREACH OF WARRANTY OF HABITABILITY: STRICT LIABILITY OR NEGLIGENCE?
December, 2011 OPEN AND OBVIOUS? NO DUTY!
November, 22 2011 MTBI WITH SEVERE COGNITIVE IMPAIRMENTS CAUSED BY BATTED BALL?
November, 2011 DOUBLE PLAY IN FEDERAL COURTS FOR VERMONT MUTUAL INSURANCE COMPANY!
October 19, 2011 - NO DUTY TO INDEMNIFY SOCIAL HOST PER HOMEOWNER’S MOTOR VEHICLE EXCLUSION
October, 2011 - “SOMETIMES SHIPS DO NOT PASS IN THE NIGHT”
September, 2011 - NO WRITTEN CONTRACT? NO ADDITIONAL INSURED COVERAGE!
August, 2011 - SJC EXPANDS DUTY TO DEFEND IN INTENTIONAL ACTS CASES
July, 2011-
WORKER’S COMPENSATION BAR INAPPLICABLE TO SUBCONTRACTOR’S EMPLOYEES
May, 2011 - MOLD MUST BE RESULT OF CHRONIC DAMPNESS IN ORDER TO CONSTITUTE BREACH OF WARRANTY
December 21, 2010 - APPEALS COURT CONSTRUES “HIDDEN SEEPAGE” AND “SURFACE WATER” AS USED IN AN H.O. POLICY
December, 2010 - APPEALS COURT RULES IN 176D CASE, PLAINTIFF NEED NOT SHOW HE WOULD HAVE ACCEPTED OFFER AS PART OF PRIMA-FACIE CASE; WHERE TARDY BUT REASONABLE OFFER IS MADE, MEASURE OF DAMAGES IS LOSS OF USE
September, 2010 - APPEALS COURT SIGNIFICANTLY EXPANDS TORT LIABILITY OF HOMEOWNERS, SOCIAL HOSTS AND OTHERS
July 28, 2010 - SUPREME JUDICIAL COURT HOLDS DEFENDANTS CAN OFFER TESTIMONY ABOUT INFLATED NATURE OF MEDICAL BILLING PRACTICES TO REBUT PLAINTIFF’S EVIDENCE REGARDING TOTAL AMOUNT BILLED BY PROVIDERS
July 26, 2010 DISTINCTION BETWEEN NATURAL AND UNNATURAL ACCUMULATIONS ABOLISHED
July 2010 - APPEALS COURT HOLDS DIRECT EVIDENCE OF SERVICE OF ALCOHOL NOT NECESSARY TO RECOVER IN DRAM SHOP CASE WHERE THERE IS EVIDENCE OF EXCESSIVE CONSUMPTION
May 2010-INSOLVENCY FUND IS SUBJECT TO G.L., c. 93A and 176(d)
March 2010 - SUPERIOR COURT JUDGE RULES WARRANTY OF HABITABILITY DOES NOT EXTEND TO THOSE NOT INVITED ONTO THE PREMISES BY THE LESSEE
March 2010 - APPEALS COURT HOLDS FINDING A DEFECT IS “OPEN AND OBVIOUS” DOES NOT NEGATE OWNER’S DUTY OF CARE
February 2010 - SJC HOLDS POST-JUDGMENT INTEREST CALCULATED FROM DATE OF ENTRY OF JUDGMENT UPON JURY VERDICT
November 2009 - MORE TROUBLE FOR RESIDENTIAL LANDLORDS WHEN DETERMINING WHETHER LANDLORD WAS NEGLIGENT IN DOG BITE CASE, JURY MAY CONSIDER BREED OF DOG
November 2009 - CGL POLICY COVERS RESTORATION COSTS WHERE SUCH CONSTITUTE AN ALTERNATIVE TO, OR REDUCTION IN, DAMAGES FOR DIMINUTION IN VALUE
October 2009 COLONEL JOHN HAVERTY RETIRES FROM U.S.M.C.R.
October 2009 - COURT APPLIES PLEADINGS’ TEST WHEN DETERMINING DUTY TO DEFEND
September 2009 - SJC BROADENS THE IMPLIED WARRANTY OF HABITABILITY TO INCLUDE GUESTS
August 2009 -
COMMERCIAL TENANT HAS DUTIES TO PATRONS FOR NEGLIGENTLY CAUSED INJURIES APART FROM ANY DUTIES UNDER A COMMERCIAL LEASE
July, 2009 WHERE POLICY PERIODS OVERLAP, SJC RULES COVERAGE IS PRO RATED
July, 2009 - COMPANY IS NOT LIABLE AS SOCIAL HOST MERELY BECAUSE ITS EMPLOYEE HANDBOOK PROHIBITS DRINKING
June 2009 - PERMEATING ODOR IS “PHYSICAL INJURY TO PROPERTY”
May, 2009 - SUPERIOR COURT RULES THAT PLAINTIFFS ARE ENTITLED TO POST-ARBITRATION AWARD INTEREST
May 2009 - PLAINTIFF ALLEGING INJURIES BY INSURED HAS STANDING TO ASSERT DECLARATORY JUDGMENT ACTION AS TO INSURERS DUTY TO INDEMNIFY
May 2009 - PLOWING SNOW CREATES AN UNNATURAL ACCUMULATION?
April 2009 - INSURER TO INSURED LEGAL FEES ARE SUBJECT TO "THE AMERICAN RULE"
March 2009 - WHEN COMMERCIAL LEASE PLACES DUTY TO MAINTAIN SOLELY ON LANDLORD, IT CANNOT COMPEL TENANT TO INDEMNIFY/INSURE
January 2009 – SJC HOLDS TRIAL JUDGE MUST MAKE BASIS OF AWARD OF ATTORNEY’S FEES CLEAR ON THE RECORD
December 2008 – S.J.C. IMPOSES DUTY ON PRIVATE LIVERY SERVICES TO ENSURE INTOXICATED PASSENGERS DO NOT DRIVE PRIVATE AUTOMOBILES AFTER THEY ARE DROPPED OFF
November 2008 – EXCLUSIVITY PROVSION OF WORKERS’ COMPENSATION ACT BAR FAMILY MEMBER CLAIMS DESPITE DEFICIENCY OF SYSTEM TO AWARD BENEFITS TO EMPLOYEE
October 2008 – NO DEFECT? NO PROBLEM!
March 2008 - COURT RECOGNIZES EXPANSIVE VIEW OF DAMAGES IN TREE CUTTING CASES
February 2008 – MEDICAL BILLS AREN’T ALWAYS WHAT PLAINTIFF SAYS THEY ARE
January 2008 – NO LIABILITY FOR PREMISES DEFECT KNOWN TO PREMISES’ OWNER BEFORE HIS DEATH WHERE ACCIDENT OCCURS AFTER HIS DEATH
December 2007 – RULE CHANGE PERMITS DEFENDANTS TO MOVE TO DISMISS FOR FAILURE TO MEET $25,000.00 PROCEDURAL THRESHOLD
September 2007 – AUTO INSURER’S SURCHARGE NOT AN ADMISSION OF FAULT
August 2007 – INFORMATION SHARED BY LAWYERS IN JOINT DEFENSE PRIVILEGED
July 2007 – CAN YOU STILL PICK UP A TAB?
April 2007 – SJC CHANGES DUTY OF CARE FOR NEGLIGENTLY-CAUSED INJURIES WITH RESPECT TO STORE-OWNER DEFENDANTS
March 2007 – THE THIRTY THOUSAND DOLLAR TREE
January 2007 – SUPREME JUDICIAL COURT DETERMINES NEGLIGENCE STANDARD NOT WILLFUL, WANTON OR RECKLESS STANDARD OF G.L. c., 231, §85T APPLIES TO CLAIMS ARISING FROM SERVICE OF ALCOHOL TO MINORS
December, 2006 – SUPREME JUDICIAL COURT RULES NO RECOVERY FOR INSURED’S ATTORNEY’S FEES INCURRED IN COVERAGE DISPUTES
August, 2006 – IN PRODUCTS CASES, SOPHISTICATED USER DOCTRINE ADOPTED AS AFFIRMATIVE DEFENSE