Rulings and Decisions

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; […]