Automated Claims Reporting and Not So ‘Best Practices’ Result in Multi-Million Dollar Judgment Against Insurer

by HMDRS Law | Oct 8, 2024 | Articles

By Matthew Sweet, Esq. & Jennifer Sheehan, Esq. A recent case from the Massachusetts Supreme Judicial Court may not represent a ground breaking change in insurance law, but it certainly provides some valuable lessons in best practices for claims handling.  The...

The Supreme Judicial Court Expands the Scope of the “Mode of Operation” Approach to Premises Liability

by HMDRS Law | Oct 8, 2024 | Articles

By Jennifer Sheehan, Esq. The Massachusetts Supreme Judicial Court (“SJC”) recently issued a decision which could potentially expand the application of the “mode of operation” theory in premises liability cases.  In Bowers v. P. Wiles, Inc.[1], SJC-11923 (July 28,...

The FLSA Overtime Rule: A Shifting Legal Landscape

by HMDRS Law | Oct 8, 2024 | Articles

Multiple Damages Awarded Due to Insurer’s Failure to Conduct Objective Investigation

by HMDRS Law | Oct 8, 2024 | Articles

By Jennifer C. Sheehan, Esq. The Massachusetts Appeals Court recently ordered an insurance company to pay multiple damages to a plaintiff who was injured in a fight outside of bar. In Terry v. Hospitality Mutual Insurance Co., 101 Mass. App. Ct. 597 (2022), the Court...

Insurer Wins State’s First Ever Reservation of Rights Recoupment in Bacteria Exclusion Case

by HMDRS Law | Oct 8, 2024 | Articles

By Jennifer C. Sheehan, Esq. In Berkley National Insurance Company v. Granite Telecommunications, LLC and Atlantic Newport Realty, LLC, 2022 WL 3021107 (D. Mass 2022), the United States District Court ruled that an insurer who defended a claim under a reservation of...