Ninety Six, LLC v. Wareham Fire District (Lawyers Weekly No. 11-018-18)
Water betterment assessment statute permits municipalities to consider development potential based on subdivision rules, not zoning requirements alone.
Fire
Philadelphia Indemnity Insurance Company v. National Union Fire Insurance Company of Pittsburgh, PA (Lawyers Weekly No. 12-083-17)
Workers' compensation insurer had no duty to defend directors in wrongful death civil action because policy covers only statutory benefits, not tort damages.
Mount Vernon Fire Insurance Company v. Visionaid, Inc. (Lawyers Weekly No. 10-108-17)
Employment practices liability insurer's duty to defend does not include obligation to prosecute affirmative counterclaims on behalf of insured.
Williamson-Green v. Interstate Fire and Casualty Company (Lawyers Weekly No. 12-062-17)
Insurance company's refusal to settle claim in wrongful death case does not shield it from liability for punitive damages that result from its breach of the settlement duty.
Liberty Mutual Fire Insurance Company v. Casey, et al. (Lawyers Weekly No. 11-034-17)
Insurance exclusion for bodily injury expected or intended by insured applied where teenager punched and kicked victim multiple times, acts inherently certain to cause harm, and insured admitted he intended those acts.
Anderson, et al. v. National Union Fire Insurance Company of Pittsburgh PA, et al. (Lawyers Weekly No. 10-022-17)
Insurance company liable for unfair settlement practices; postjudgment interest excluded from amount multiplied for punitive damages under G.L. c. 93A.
N-Tek Construction Services, Inc. v. Hartford Fire Insurance Company (Lawyers Weekly No. 11-028-16)
Sub-subcontractor's email notice of unpaid work does not satisfy statutory notice requirement for payment bond claims when it fails to express intent to claim against the general contractor's bond.
Kelley, et al. v. Boston Fire Department, et al. (Lawyers Weekly No. 11-150-14)
Fire lieutenants' appeal of civil service appointment procedures remanded to commission; city's appeal of remand order dismissed as premature.
Norfolk & Dedham Mutual Fire Insurance Company v. National Continental Insurance Company (Lawyers Weekly No. 11-099-13)
Insurance company's initial notice to the Registry of Motor Vehicles, containing a minor identification error but all required information, satisfies statutory requirement for timely cancellation notice.
Week in Review: Shots Fired, Fire Hits Apartment
In case you missed it, here are this week's top headlines from the South End. South End Patch News