Mass. High Court Clarifies Landlord Liability

Law360, New York (April 9, 2010, 5:40 PM EDT) -- Massachusetts’ highest court has reversed a lower court's decision and held that while commercial landlords are barred from shifting liability for negligence onto tenants, they may seek coverage under insurance policies tenants are required to purchase.

Massachusetts’ Supreme Judicial Court concluded Thursday that a state statute does not prohibit Cummings Properties LLC from seeking coverage from a commercial tenant’s insurer, Norfolk & Dedham Mutual Fire Insurance Co., in an underlying lawsuit brought by a woman allegedly injured after tripping on a curb on the property....
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