Bad Faith Insurance/Failure to Settle or Pay Insurance/Insurance Denial

The insurance industry has come under increasing scrutiny over the last decade. Lawmakers, legislatures, judges and the courts are realizing that insurance companies are operating more and more like businesses that are only interested in bottom-dollar. This bottom-dollar-thinking often leads to the insurance company putting their interests above their insured’s interest or the injured’s interests. More and more insurance companies are actively engaging in practices that seek to maximize profits at the expense of their policyholders or the injured party.

Accidents Involving Inflatable Slides, Castles, Bouncy Houses, Obstacle Courses, and Moonwalks

The Consumer Product Safety Commission documented 18,000 injuries in 2012 as a result of inflatable moon bounces and houses. In 2012 The Center for Injury Research and Policy published a study in journal Pediatrics finding that “31 children per day on average were seen in emergency departments for an inflatable bouncer-related accident.” The study went on to say that the average patient was 7 years old and that the most common injury was a leg or arm fracture or sprain while 20 percent of all visits to the emergency room involved head or neck injuries. These injuries have only been on the rise of late.

Coordination of Benefits: The Relationship Between PIP, MedPay, MassHealth, Medicaid, Medicare and ERISA Health Plans

Understanding your rights and insurance coverage benefits is not always easy and oftentimes, insurance companies make pursuing your rights harder than it has to be. The information below explains how different types of medical insurance coverage benefits that accident victims in Massachusetts may be entitled to receive.

Residential Landlords Duty to Tenants and Visitors in Massachusetts

A landlord can be held liable for injuries sustained to a tenant or the guest of a tenant if the landlord has breached what’s known as the implied warranty of habitability. When a landlord rents a condo, house, room, apartment or some other place used for residential purposes the landlord warrants to the tenant at the time the tenant moves in that there are not any latent defects (A latent defect is a hidden defect in the property that could not have been discovered by a reasonably thorough inspection before the tenant moved in) or patent defects (A patent defect is an open and obvious defect in the property that could have been discovered by a reasonably thorough inspection before the tenant moved in) that will interfere with the use and enjoyment of the premises. The landlord also warrants that the premises will continue to remain in a livable condition for the duration of the entire tenancy.

Dram Shop Duties to Member of the Public

If a drunk adult patron (over the age of 21) of a commercial business operates a car and injures a member of the public then the commercial business (licensed seller or server of alcohol) will liable for injuries if it has breached its duty to members of the public. A commercial establishment has a duty to protect members of the public from intoxicated patrons and will be found to have breached its duty when if it continues to serve a patron that it knew was drunk, or should have known was drunk.

Social Host Liability Laws

Social host liability laws deal with individual property owners or persons in control of property like home, boat, or hotel room who serves alcohol or allows the consumption of alcohol to occur on their property. Social host liability laws serve to extend liability to any property owner who provides or allows a visibility intoxicated guest or minor to consume alcohol on their property. In these situations the social host can be held liable for any injuries caused by or sustained to the intoxicated guest or minor.