Bettigole v. American Employers Insurance

We have to deal with a claim under a “Special Multi-Peril Policy,” which in less literal times might have been called an “all risk” policy.

Medical Center Realty Trust, of which the plaintiff Bettigole is trustee, owns at 130 Maple Street, Springfield, a hospital complex of real estate and structures including a parking deck. The parking deck with other structures was built in 1955. About June 6, 1986, the plaintiff had reason to believe that the deck was in poor, potentially dangerous condition. Subsequent reports of investigation by a consulting engineer, retained by the plaintiff, disclosed…