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“That Particular Part” – Yet More

April 30, 2019 Blog

Massachusetts Appeals Court Gets It Right – Mostly

Hot on the heels of the Federal Tenth Circuit Court of Appeals’ decision in MTI, Inc. v. Employers Insurance Company of Wausau, __ F.3d __, 2019 WL 321423 (10th Cir. 2019) (about which I wrote earlier this month), the Appeals Court of Massachusetts also found that the phrase “that particular part” as used in exclusions j(5) and j(6) in the CGL policy must be applied narrowly. In All America Ins. Co. v. Lampasona Concrete Corp., 95 Mass. App. Ct. 79 (2019), the court held that damage caused to an underlying vapor barrier and a tile and carpet finish applied on top of the concrete floor slab poured by Lampasona was not excluded from coverage by the j(6) exclusion in the Lampasona’s policy. The court found that Lampasona did not install the vapor barrier or the tile/carpet, so they were not “that particular part” on which Lampasona was working.

Read the full post: “That Particular Part” – Yet More

Firm Highlights

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Illinois Courts Largely Favor Coverage for BIPA Cases Under CGL Policies

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The allocation of post-transaction risk is a key area where bids for assets can differentiate themselves. And representation of warranty insurance is a great arrow to have in your quiver, whether you're a seasoned...

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Changes in the VCAP Liability Coverage Market

Over the past few years, there's been a dramatic rise in premiums in the venture capital liability insurance market and a steady increase in claims being submitted under those policies. We're also seeing a...

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Are Communications With Your Insurance Broker Privileged Under New York Law?

Discussions with an insured’s insurance broker are often an important part of the negotiation process for insurance claims. Brokers can provide valuable insights on the drafting and underwriting of the insurance policy as well...

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The War Exclusion in a Time of War

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Farella Braun + Martel Announces Five New Partners

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Continuing Use of CGL Policies to Cover Data Breach Losses

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Legal Experts Say Opioid Coverage Disputes Far From Over

Shanti Eagle was quoted in Law360 's article "Legal Experts Say Opioid Coverage Disputes Far From Over."  Read the article here (subscription required).

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2022 Cannabis Insurance Market Update

Tyler Gerking was quoted in  PropertyCasualty360 's article "2022 Cannabis Insurance Market Update."  Read the full article here (subscription required). Watch the webinar "Cyber Insurance for the Cannabis Industry" here .

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Chambers USA 2022 Recognizes Farella Braun + Martel Lawyers, Practices

Farella Braun + Martel is pleased to announce that Chambers USA has recognized 14 lawyers and 6 practice areas in the legal directory’s 2022 edition. Individual California and Western U.S. Rankings: Sarah Bell &ndash...

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