Results + Publications

John T. Callahan & Sons, Inc. v. Worcester Insurance Company

Attorney Involved | Aaron R. White

Attorney White represented a general contractor and its general liability insurer in a declaratory judgment action against a subcontractor’s general liability insurer, seeking declaratory relief concerning the subcontractor’s insurer’s duty to defend and indemnify the general contractor in underlying negligence suit brought by a worker severely injured in a construction site accident.

Attorney White successfully argued in a motion for summary judgment that the “Other Insurance” clauses of the general contractor’s insurer’s general liability insurance policy and the subcontractor’s insurer’s general liability insurance policy were mutually repugnant. The Superior Court Department, Middlesex County, granted the motion for summary judgment ruling that the subcontractor’s insurer was obligated to contribute a pro-rata share to defend and indemnify its insured. The general contractor and its insurer next filed a motion seeking recovery of the declaratory judgment attorney fees and costs incurred to successfully establish the insurer’s duty to defend. The trial court denied the motion seeking attorney fees, and the general contractor and its insurer appealed.

The Massachusetts Supreme Judicial Court transferred the case sua sponte and heard oral argument. The court issued the decision referenced above on March 19, 2009 affirming the trial court ruling and denying the general contractor and its insurer any recovery of attorney fees or costs after successfully establishing the subcontractor’s insurer’s duty to defend and indemnify.

Results


Contact Us

We invite you to contact our office to learn more about our services, and to discover further information about our attorneys and services. Our team looks forward to serving your needs in the future.

Boston

695 Atlantic Ave, Boston, MA 02111, USA

BRAINTREE

25 Braintree Hill Office Park #301, Braintree, MA 02184

HARTFORD

280 Trumbull Street, 22nd Floor Hartford, CT 06103

MANCHESTER

650 Elm Street, Manchester, NH, USA

NORWALK

162 East Avenue, Suite 1C Norwalk, CT 06851

PORTLAND

477 Congress Street, Fifth Floor Portland, ME 04101

PROVIDENCE

1 Turks Head Place, Providence, RI

Vermont

46 Lincoln Corners Way, Suite 1, Woodstock, VT 05091

WHITE PLAINS

One North Broadway, Suite 410 White Plains, NY 10606

WOODSTOCK, VT

423 W Broadway, Boston, MA 02127, USA

WORCESTER

446 Main Street, Worcester, MA 01608, USA

  • This field is for validation purposes and should be left unchanged.