Articles Posted in Premises Liability

In Stewart v. Five Bridge Inn, LLC, a woman suffered injuries while attending a wedding at an inn located in Massachusetts after suffering a fall. In particular, the woman experienced a broken tibia and fibula. The woman filed a premises liability complaint against the inn, alleging that an oddly shaped rock embedded in the parking lot was responsible for her tumble. During the litigation, however, the woman indicated that she was wearing three-inch heels during the accident and that she was not completely clear on whether the irregularly shaped rock was responsible for her tumble.

The defendant filed a motion for summary judgment. In such a motion, the moving party advances that there are no genuine issues of material fact and that the court should rule on the litigation as a matter of law. The lower court granted the motion, agreeing with the defendant’s assertion that the plaintiff did not prove that a defective condition at the defendant’s location was the cause of her injuries.

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When it comes to personal injury cases, there is little dispute over the duty of an insurance company to provide prompt, fair, and equitable representation and services to their insureds. This is especially true in situations when someone makes a claim against one of the insurance company’s policyholders, and the insured’s liability for the injuries and damages complained of is clear. In a recent case, a more nuanced question regarding insurance companies’ duties arose:  whether the defendant was actually in the business of providing insurance and subject to Massachusetts’ laws governing insurers’ duties at all.

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