Boyle, Morrissey & Campo, P.C.            Newsletter
 
February 2010
In This Issue
I. MA - POLLUTION EXCLUSION IN COMMERCIAL GENERAL LIABILITY POLICY DOES NOT EXCLUDE COMMON LAW PROPERTY DAMAGE CLAIMS CAUSED BY OIL SPILL
II. MA - WORKERS COMPENSATION: TEACHER INJURED WHILE ACTING AS A SKI-CLUB CHAPERONE ENTITLED TO WORKERS' COMPENSATION BENEFITS
III. MA - SNOW AND ICE STANDARD RECONSIDERED
IV. RI - FILING OF REJECTION TO COURT-ANNEXED ARBITRATION AWARD ONE DAY LATE DUE TO SECRETERIAL ERROR NOT EXCUSED ON BASIS OF "EXCUSABLE NEGLECT"
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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.

 
I. MA - INSURANCE COVERAGE: POLLUTION EXCLUSION IN COMMERCIAL GENERAL LIABILITY POLICY DOES NOT EXCLUDE COMMON LAW PROPERTY DAMAGE CLAIMS CAUSED BY OIL SPILL
In Clean Harbors Environmental Services, Inc. v. Boston Basement Technologies, Inc., 75 Mass. App. Ct. 709 (2009), the Appeals Court of Massachusetts held that a commercial general liability insurance policy provided coverage for the cleanup costs following an oil spill to the extent that such costs were appropriate and reasonable at common law notwithstanding the policy's pollution exclusion.
 

II. MA - WORKERS' COMPENSATION: TEACHER INJURED WHILE ACTING AS SKI-CLUB CHAPERONE ENTITLED TO WORKERS' COMPENSATION BENEFITS


In Sikorski's Case, 455 Mass. 477 (2009), the Supreme Judicial Court ("SJC") held that a high school teacher injured while chaperoning a ski-trip was acting in the course of her employment, thus eligible for workers' compensation benefits.

 Read On...

III. MA - SNOW AND ICE STANDARD RECONSIDERED


In Papadopoulos v. Target Corporation, the Massachusetts Supreme Judicial Court will reconsider the century-old distinction between natural and unnatural accumulation in premises liability cases involving snow and ice.  Under current Massachusetts law, liability is only possible where an owner acts or fails to act in some manner that changes the condition of naturally accumulated snow and ice into a dangerous condition to lawful visitors.  Lawyers for the plaintiffs argue that Massachusetts should reject the natural accumulation rule in favor of a "reasonableness" standard familiar to most other tort claims.  We predict that changing the rule would open up the floodgates to new litigation arising out of slip and falls on snow and ice.

IV. RI - FILING OF REJECTION TO COURT-ANNEXED ARBITRATION AWARD ONE DAY LATE DUE TO SECRETARIAL ERROR NOT EXCUSED ON BASIS OF "EXCUSABLE NEGLECT"

 
In Boranian v. Richer, 2009 WL 4016504 (R.I. 2009), the Supreme Court of Rhode Island held that a defendant's rejection of a court-annexed arbitration award 1 day late could not be accepted on the basis of "excusable neglect."

Read On...