Decisions

MiddleOak Insurance Company v. Tri-State Sprinkler Corp. & Others

In a case of first impression, the Massachusetts Appeals Court has ruled that the waiver of subrogation provision contained in the AIA Standard Form Agreement applies to post-construction losses. David Mitrou, who successfully obtained summary judgment for the defendant sprinkler company, stated in Lawyer’s Weekly that a contrary decision on appeal “would have made construction contracting extremely expensive in Massachusetts.” See the article listed as “Featured Story” in Lawyer’s Weekly. The case is MiddleOak Ins. Co. v. Tri-State Sprinkler Corp., No. 09-P-1254 (Mass. App. Ct. August 4, 2010).

Great Northern Ins. Co. v. Paino Associates

In Great Northern Ins. Co. v. Paino Assocs., 369 F. Supp. 2d 177 (D. Mass. 2005) the United States District Court for the District of Massachusetts analyzed the coverage implications of a contractor's contractual indemnity and insurance agreements. Joseph H. Aronson persuaded the court to grant summary judgment in favor of his client, the Massachusetts Turnpike Authority.

Harold F. Downey, Jr. v. Aetna Life Insurance Co. /U.S. Healthcare

In Downey v. Aetna Life Ins. Co., 02-10103 2003 U.S. Dist. LEXIS 8150 (D. Mass. 2003), an ERISA case argued by Stephen D. Rosenberg and decided by the United States District Court for the District of Massachusetts, the court analyzed whether a plan administrator that was also the disability insurer had a conflict of interest when it was called upon to review a claim for disability benefits, and whether a decision to deny a claim for disability benefits was arbitrary or capricious.

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