Arbella Mutual Insurance Company as Subrogee of Dwight and Lisa DeGeorge v. Holden Oil Company and Bob McGee Plumbing and Heating Company

Insurer’s motion for summary judgment allowed on claims against the insurer under M.G.L.c. 93A §11, alleging unfair and deceptive business practices, where there was no business relationship, trade or commerce between the insurer and the claimant which could give rise to a viable claim under M.G.L.c. 93A §11. Arbella Mutual Insurance Company as Subrogee of […]

David Pierce et al. v. Cotuit Fire District et al., Barnstable Superior Court, C.A. No.: 2011-00178

Summary judgment entered on all of the Plaintiffs’ claims under the Massachusetts Open Meeting Law, M.G.L.c. 39 §18-25 due to Plaintiffs’ failure to file their complaint within the timeframe mandated by law. Additionally, to the extent there was a violation of the Open Meeting Law, the Board cured that violation through subsequent meetings conducted in […]

Welsh v. Arbella Mutual Insurance Company, Barnstable Superior Court, C.A.No: 2010-00623 (Decision March 14, 2012) (Welch, J. (Ret.))

Defendant-insurer was not collaterally estopped from defending against an under-insured motorist arbitration based on prior PIP litigation under M.G.L.c. 90 §34M between that insurer and a chiropractor who treated the claimant who was seeking underinsured motorist benefits. The arbitrator ruled that the cases were different and the parties were not the same. Welsh v. Arbella […]

Boyd v. Cooperative Reserve Supply, Inc. v. FL Larson Trucking, Inc., Middlesex Superior Court, C.A. No.: 2011-0313 (Decision November 9, 2011) (Budd, J.)

Defendant / Third-Party Plaintiff defeated motion for summary judgment brought by third party Defendant who owned a flat bed trailer involved in an incident that occurred during the unloading of a shipment of commercial goods from that flat bed trailer. Moving party alleged that the load was under the control of an independent contractor over […]

Sackett v. One Beacon Insurance et al, Nantucket Superior Court, 2004-00058 (Decision 9/15/2011) (Chin, J.)

Judgment obtained for Defendant mold remediation contractor after flooding incidents occurred inside a luxury vacation home on NantucketIsland. The Defendant mold remediation contractor was retained by the homeowner and / or their insurer to perform specified cleaning services. The contractor was not retained to evaluate the extent of the mold problem or to prepare a […]

Esalon, Inc. v. Hoffman, Barnstable Superior Court, C.A. No.: 10-00766 (Decision 7/12/2011) (Nickerson, J.)

Judgment granted to Defendant, a former employee, at will of Plaintiff corporation that operated a luxury salon and spa. Defendant’s post-employment conduct in connection with opening a competing salon business did not constitute theft of trade secrets; did not breach any contract; did not breach a duty of good faith and fair dealing or loyalty; […]

Sherman et al v. Shub, et al, Suffolk Superior Court, C.A. No.: 2007-2547-BLS1 (Decision 6/15/2011) (Lauriat, J.)

Judgment obtained for Defendant attorney in an action against attorneys and others alleging a failure to properly draft insurance trusts and related documents that Plaintiffs alleged would result in increased estate tax and gift tax liability in the future. Defendants contended that estate and gift taxes are capable of calculation only at the time of […]

Romagnole v. Keefe, Barnstable Superior Court, C.A. No.: 2010-00031 (Decision 6/13/2011)(Rufo, J.)

Judgment granted to owner of rental premises on claims of alleged negligent failure to manage rental premises in a safe manner and for alleged breach of the warranty of habitability flowing from an attack on tenant by intruders at the rental premises. Romagnole v. Keefe, Barnstable Superior Court, C.A. No.: 2010-00031 (Decision 6/13/2011)(Rufo, J.)

Arra v. Town of Chatham et al, Barnstable Superior Court, 2007-00418. (Decision 1/6/2011)(Quinlan, J.)

Judgment obtained on behalf of Third Party Defendant construction contractor who was alleged to be responsible for negligent construction of some portion of the Chatham Fish Pier observation deck and stairs. Arra v. Town of Chatham et al, Barnstable Superior Court, 2007-00418. (Decision 1/6/2011)(Quinlan, J.)

Hayden Building Movers, Inc. v. American International Group, et al., Barnstable Superior Court, C.A. No.: 2008-00828 (Decision October 28, 2010) (Quinlan, J.)

Judgment obtained for an insured building moving company in this declaratory judgment action brought against insured’s commercial general liability carrier. The company’s insurers refused to defend it in a lawsuit each contending that the other insurer was the responsible carrier. The court interpreted the mobile equipment exclusion of the commercial auto policy, as well as […]