Insurance companies cannot recoup defense costs advanced under reservation of rights when no coverage existed, absent explicit policy language. Unpaid defense costs incurred before declaratory judgment of no coverage cannot be recovered.
Defendant convicted of unlawfully possessing a loaded firearm requires proof defendant knew the gun was loaded.
Sushi restaurant tenant operating permitted use with existing equipment not in breach of lease for cooking odors. Nuisance claim rejected. Landlord improperly charged tenant for remediation costs.
Court denied MBTA's motion to dismiss a fuel supplier's breach claim, finding allegations that the agency terminated the contract solely for a better price stated an abuse of discretion.
Juvenile's BB gun discharge constituted criminal activity justifying lease termination under Section 8 housing program, but tenant's jury demand was improperly struck without considering lesser sanctions.
Chief of staff's threats to void waste contract unless company donated truck constituted bribery; gratuity conviction vacated as duplicative.
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.
Subcontractor's damages for productivity losses caused by general contractor's project mismanagement and breach of coordination obligations not barred by no-damages-for-delay clause where contractor precluded all time extensions.
Retaliation claim against city upheld after mayor opposed liquor license application following employee's discrimination complaint. Lost profits damages eliminated.
Conviction for possessing burglarious instruments reversed where Commonwealth failed to prove intent to use ordinary tools for burglary despite suspicious circumstances.
