Massachusetts

Co-insured rule doesn’t always bar recovery

A ten-unit apartment building in Massachusetts sustained heavy damages as a result of a fire that involved a tenant’s use of a charcoal grill on the back deck of her apartment. Massachusetts follows the co-insured rule, also known as the “Sutton Rule,” which bars a landlord’s subrogating carrier from pursuing a fire damage claim against […]

“Act of God” no defense for flood loss

A cargo container, awaiting delivery from Massachusetts to the insured, was placed on the ground inside a rail yard. Due to severe flooding, the cargo container and contents were destroyed. Stutman Law attorneys battled the “act of God” defense through aggressive investigation and discovery. Faced with the fact that this was one of the most […]