The Hanover Insurance Group Inc. v. Raw Seafoods, Inc. (Lawyers Weekly No. 09-011-18)
Seafood processor's insurer must provide coverage for spoiled scallops in processor's custody, which constituted a covered occurrence despite unknown cause.
Group
JRM Hauling & Recycling Services, Inc. v. The Newark Group, Inc. (Lawyers Weekly No. 09-056-17)
Buyer wrongfully repudiated a ten-year output contract when seller briefly suspended deliveries. Court found repudiation unjustified but dismissed breach claim because seller failed to prove market price of the goods.
Anne Gamble Ten Taxpayer Group, et al. v. Health Facilities Appeals Board, et al. (Lawyers Weekly No. 09-031-17)
Court upholds Determination of Need for hospital expansion project, applying deferential arbitrary-and-capricious standard and rejecting challenges to Department's consideration of service duplication and patient projection concerns.
Malebranche, et al. v. Colonial Automotive Group, Inc., et al. (Lawyers Weekly No. 09-028-17)
Court denies motion to dismiss in wage and hour class action against automotive dealership group, finding sufficient allegations that parent company and affiliated dealership were employers.
AIDS Support Group of Cape Cod, Inc. v. Town of Barnstable, et al. (Lawyers Weekly No. 10-104-17)
Private needle distribution program does not violate statutes regulating needle sales or authorizing state-approved exchange programs.
Nguyen v. Arbella Insurance Group (Lawyers Weekly No. 11-064-17)
Homeowner's insurance policy business pursuits exclusion barred coverage for claims arising from insured's police department employment.
The Hanover Insurance Group, Inc. v. Raw Seafoods, Inc. (Lawyers Weekly No. 11-048-17)
Scallop damage caused by unknown failure during processing constitutes an "occurrence" under liability policy when negligence was established and damage was unforeseeable.
Erecruit Holdings, LLC v. Willis Group Holdings, LLC (Lawyers Weekly No. 12-003-17)
Defendant's counterclaim alleging fraud and breach of contract survived motion to dismiss where allegations were plausibly detailed despite not identifying each speaker.
Hillside FXF, LLC, et al. v. Premier Design + Build Group, LLC, et al. (Lawyers Weekly No. 12-164-16)
Court splits indemnification and defense duties in construction subcontract. Indemnification clauses violating section 29C void; duty to defend survives and is enforceable.
Hillside FXF, LLC, et al. v. Premier Design + Build Group, LLC, et al. (Lawyers Weekly No. 12-158-16)
Court denied summary judgment where release language in change order was ambiguous and context suggested it addressed only fee disputes, not $3 million foundation damage claim.