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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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Reimbursement of Employment-Related Expenses Is Not a “Wage and Hour” Claim Within the Meaning of EPLI Exclusion

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INSIGHT: California Ruling in Wage-Hour Coverage Suit Offers Employers a Defense Hook

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Publication

The 10th Circuit Correctly Construes “That Particular Part” Narrowly

We do not often write about coverage opinions from jurisdictions as far away as Oklahoma; however, a recent case from the Federal Tenth Circuit looked at one of our favorite topics and came out...

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3 Lessons For Calif. Insureds From Late-Notice Rule Decision

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Damages for Permit Revocation Constitute Covered “Loss of Use”

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Publication

California Supreme Court Ruling Clarifies That the Notice-Prejudice Rule Is a Fundamental Public Policy That May Override Choice of Law Provisions

In  Pitzer College v. Indian Harbor Insurance Company , the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule [1]  is a fundamental public policy...

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Insurance for the Cannabis Industry Program Takeaways

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