Legal Opinion

NES Equipment Services Corp. v. Acadia Insurance

Massachusetts Superior Court

Decided September 30, 2016No. 14CV1064HPublished

1Opinion of the Court

Curran, Dennis J., J.

Introduction

This case presents an insurance coverage dispute which, reduced to its essence, triggers the question of the allocation of risk of loss in a construction site accident caused by defective rental equipment.

NES, an equipment supply company, leased a “Sky-lift” scissor lift and boom to Shepardville Construction Company for a construction project in Connecticut. NES required that, for all rentals of equipment, Shepardville provide insurance for NES and name it as an additional insured on a commercial general liability policy that Acadia Insurance Company had…

2Cases cited25 opinions

  1. Cassesso v. Commissioner of CorrectionMassachusetts Supreme Judicial Court · 1983
  2. Cody v. Connecticut General Life InsuranceMassachusetts Supreme Judicial Court · 1982
  3. Hakim v. Massachusetts Insurers' Insolvency FundMassachusetts Supreme Judicial Court · 1997
  4. Polaroid Corp. v. the Travelers Indemnity Co.Massachusetts Supreme Judicial Court · 1993
  5. Boston Symphony Orchestra, Inc. v. Commercial Union InsuranceMassachusetts Supreme Judicial Court · 1989

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