Boyle, Morrissey & Campo, P.C.            Newsletter
 
November 2008
In This Issue
I. DEFENSE VERDICT AWARDED IN PHARMACY LIABILITY LAWSUIT
II. MA - BMC OBTAINS DEFENSE VERDICT IN DEFAMATION AND MALICIOUS PROSECUTION CASE IN SUFFOLK SUPERIOR COURT
III. MA - EUO - WILLFUL AND UNEXCUSED REFUSAL OF INSURED TO SUBMIT TO EXAMINATION PURSUANT TO BUSINESS POLICY PROVISION REQUIRES NO SHOWING OF PREJUDICE TO INSURER
IV. MA - DAMAGES - COST OF RESTORATION FOR TREES WRONGFULLY CUT DOWN WHERE PLAINITFF PLANNED TO SELL LAND AND FAIR MARKET VALUE DIMUNITION WAS NEGLIGIBLE
V. MA - CERTIFIED QUESTIONS POSED BY THE FIRST CIRCUIT TO THE SUPREME JUDICIAL COURT IN ENVIORNMENTAL CASE REGARDING ALLOCATION OF LOSSES BETWEEN INSURERS AND BETWEEN INSURERS AND INSUREDS
VI. NH - CONSUMER PROTECTION ACT - ORDINARY BREACH OF CONTRACT AND NEGLIGENCE ISSUES DO NOT TRIGGER CONSUMER PROTECTION ACT
VII. RI - SOCIAL HOST LIABILITY - NO DUTY OF CARE ABSENT SPECIAL RELATIONSHIP
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This summary of recent developments in the law of Massachusetts, New Hampshire, and Rhode Island is provided as a courtesy to our clients. The original text of cases and statutes will be provided upon request.

John D. Boyle
I. BMC ATTORNEYS NAMED AS "SUPERLAWYERS"
2008
 
 
BMC is proud that the New England "Super Lawyers" Publication of Boston Magazine named six BMC attorneys as among the top attorneys in New England.  John Boyle was named under "Insurance Coverage Attorneys", Attorney Anthony Campo and Mark Shaughnessy were named in the category of "Insurance Defense Attorneys", and Scott Carroll, Aaron White, and Kevin Riordan were named as "Rising Stars".
II. BMC OBTAINS DEFENSE VERDICT IN DEFAMATION AND MALICIOUS PROSECUTION CASE IN SUFFOLK SUPERIOR COURT
AMC SMC 
On November 3, 2008, Attorney Mike Johnson from BMC obtained a defense verdict in a Suffolk Superior Court Jury Trial.  The case entitled Burwell v. King involved claims for malicious prosecution, defamation and false imprisonment by the plaintiff against a franchise owner of a fast food restaurant.    Contact Mike Johnson for further information.

III. AUTO COVERAGE: "ARISING OUT OF" - COVERAGE FOR INJURIES SUSTAINED FROM FALL FROM FUEL TRUCK

In American Home Assurance Co. v. First Specialty Insurance Corp., 73 Mass. App. Ct. 1 (2008), the Appeals Court held that injuries sustained when an insured's employee fell from an oil truck while loading oil into a tanker arose out of use of the truck and, thus should be covered by the insured's commercial automobile insurance policy rather than the insured's general liability policy.
 

Read On...

IV.  PREMISES LIABILITY - OPEN AND OBVIOUS DANGER

In Quinn v. Morganelli, 2008 WL 4694623 (Mass. App. Ct. 2008), the Appeals Court held that a genuine issue of material fact existed as to whether a change in level between a hallway and living room was an open and obvious danger.
 

V.  DUTY TO DEFEND - INSURED'S ATTORNEY'S FEES TO LITIGATE INSURER'S DECLARATORY JUDGMENT ACTION RECOVERABLE FROM INSURER

In Hingham Mut. Fire Ins. Co. v. DeWolfe, 72 Mass. App. Ct. 1117 (2008), the Appeals Court held that an insured was entitled to attorney's fees incurred as a result of defending a declaratory judgment action brought by her insurer on the issues of coverage, indemnity, and duty to defend since the action had not been rendered moot by the successful defense of the underlying claim against the insured. 
 

VI.  NEW HAMPSHIRE -   PRE-JUDGMENT INTEREST INCREASED PURSUANT TO CONTRACT

In Lassonde v. Stanton, 956 A.2d 332 (N.H. 2008), the New Hampshire Supreme Court held that a contractual clause entitled a contractor to prejudgment interest of at least 15 percent.
 

VII.  RHODE ISLAND - COVERAGE - BI-ANNUAL QUESTIONNAIRES CONSIDERED EXTRINSIC EVIDENCE INADMISSIBLE TO PROVE MUTUAL MISTAKE TO REFORM PERSONAL UMBRELLA LIABILITY POLICY

In Merrimack Mutual Fire Ins. Co. v. Dufault, 2008 WL 4603558 (R.I. 2008), the Rhode Island Supreme Court held that the trial court erred in admitting extrinsic evidence and finding a mutual mistake between parties of an insurance contract.

Read On...