Legal Opinion

Lloyd'S v. Atl. Constr. Servs., Inc.

Massachusetts Appeals Court

Decided January 24, 2018No. 16–P–1646Published

1Opinion of the Court

Certain Underwriters at Lloyd's, London (Lloyd's) brought this action seeking a declaratory judgment that it has no duty to indemnify its insured, Park Grove Realty Trust (Park Grove),2 with respect to a personal injury verdict against Park Grove and its independent contractor, Atlantic Construction Services, Inc. (Atlantic). Judgment entered in favor of Lloyd's after cross motions for summary judgment. On appeal, Atlantic makes three arguments. First, Atlantic argues that Lloyd's failed to preserve its right to raise the independent contractors exclusion during the underlying tort action and…

2Cases cited7 opinions

  1. International Fidelity Insurance v. WilsonMassachusetts Supreme Judicial Court · 1983
  2. Herbert A. Sullivan, Inc. v. Utica Mutual InsuranceMassachusetts Supreme Judicial Court · 2003
  3. Bank v. Thermo Elemental Inc.Massachusetts Supreme Judicial Court · 2008
  4. Bagley v. Monticello InsuranceMassachusetts Supreme Judicial Court · 1999
  5. Balles v. Babcock Power Inc.Massachusetts Supreme Judicial Court · 2017

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