

What’s New

Scholz Design, Inc. v. Sard Custom Homes, LLC, 2012 WL 3329725 (2d Cir. 2012)
United States Court of Appeals for the Second Circuit reversed District Court decision dismissing copyright case brought by home designer, ruling that front elevation drawings were “pictorial, graphic or sculptural work” entitled…

Vicor Corp. v. Vigilant Ins. Co., 674 F.3d 1 (1st Cir. 2012)
Liability insurance coverage litigation in which the insured sought to recover for damages because of failures of wireless telecommunications equipment. Citing an absence of controlling legal precedent, the Court of Appeals for…

Colgate-Palmolive Co. v. OneBeacon Am. Ins. Co., 82 Mass.App.Ct. 1123 (2012)
Liability insurance coverage litigation in which the insured sought an indemnity and defense declaration with respect to insurance coverage for underlying asbestos bodily injury claims. The Massachusetts Appeals Court affirmed the trial…

Sandman v. McGrath, 78 Mass. App. Ct. 800 (2011)
Decision affirmed application of principle of judicial estoppel to bad faith claim against trial counsel and insurer to conduct of trial, but reversed application of doctrine to conduct unrelated to the defense.

Mass. Homeland Ins. Co. v. Walsh, 79 Mass. App. Ct. 1110 (2011)
Decision affirmed Superior Court grant of summary judgment that a series of intentional rammings of one vehicle by another over 15 minutes was one accident and reversed a holding that intentional conduct…

Ellis v. OneBeacon Ins. Co., 76 Mass. App. Ct. 1115 (2010)
Decision affirmed summary judgment in favor of insurer on a bad faith claim where insurer had paid a portion of settlement proceeds directly to the Commonwealth to satisfy a lien for medical…